Madras High CourtWP/17219/2017dismissed as infructuous

Tamilnadu Anaithu Iraichi v. Union Of India

2018-06-08Honourable The Chief Justice,Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2018 CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble Ms.JUSTICE P.T.ASHA W.P. Nos.17219 and 13739 of 2017 Tamilnadu Anaithu Irachi Vyabarigal Mattrum Thozhilalargal Nala Sangam, (Regd.No.48/14) No.40, Paadisonmugapuram Lane, Pulianthope, Chennai-600 012, rep. by its General Secretary A.Mohamed Ali.

.. Petitioner in W.P.17219/2017 D.Parventhan .. Petitioner in W.P.13739/2017 -vs1.Union of India, rep. by its Joint Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi-110 003.

2.The State of Tamil Nadu, rep. by its Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

.. Respondents in both WPs Writ Petition No.17219 of 2017 filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration, declaring Rule 22(b)(iii) and Rule (e) of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 issued by the first respondent as ultra vires the Prevention of Cruelty to Animals Act, 1960 as also Articles 14, 19, 21, 25 and 29 of the Constitution of India.

Writ Petition No.13739 of 2017 filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration, declaring the entire notification the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 dated 23.05.2017 published in the Gazette of India Extraordinary Part II Sec.3(i) as illegal, unconstitutional, and ultra vires to the provisions Constitution.

For Petitioner :

No Appearance (in both WPs) For Respondents :

Mr.G.Karthikeyan Asst. Solicitor General for 1st respondent Mr.T.N.Rajagopalan Government Pleader for 2nd respondent COMMON ORDER (Made by Ms.Indira Banerjee, Chief Justice) In view of the order passed by the Supreme Court in Writ Petition (C) No.000422 of 2017, dated 11.07.2017 [All India Jamiatul Quresh Action Committee, through its President Mohammed Abdul Faheem, Advocate v. Union of India], these writ petitions have become infructuous and disposed of accordingly. No costs. Consequently, WMP.Nos.18724, 14925 and 18218 of 2017 are closed. Sd/- Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar bbr To 1.The Joint Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi-110 003.

2.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

+1cc to Mr.K.Gunasekar, Advocate SR.No.36147 +1cc to Mr.S.Sathishchandeen, Advocate SR.No.36128 W.P.Nos.17219 and 13739 of 2017 PPA(CO) GN(26/06/2018)