Madras High CourtWP/14059/2013disposed of

People For Cattle In India, v. The Regional Transport Officer

2016-11-28Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.14059 of 2013 People for Cattle in India Rep.by its Trustee S.V.Badri, Son of late S.L.Varada Desikan, No.208, Sai Niketan, No.6, Lock Street, Kottur, Chennai 600 085.

.. Petitioner /vs/ 1.The Regional Transport Officer, Tiruvallur, Tiruvallur District.

2.The Inspector of Police, T-16, Nazarathpet Police Station, Tiruvallur District.

3.Animal Welfare Board of India Ministry of Environment and Forests Government of India Rep.by its Assistant Secretary No.13/1, Third Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai 600 041.

.. Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent herein to cancel the permits of the trucks bearing Registration Nos.TN-28-F 6567, TN-8-A 6639, TN-57-L 3456, TCC 9955, TN-67-6627, AP-07 7601, AP-16-TV 5857, AP-35-U 5786 and the driving licences of the respective drivers as per the provisions of Section 97(1) of the Transportation of Animal Rules,2001 under the Prevention of Cruelty to Animal Act, 1960.

For Petitioner :

Mr.A.Saravanan For Respondents :

Mr.R.Govindasamy, Spl. GP for R1 and R2 No appearance for R3 -----

O R D E R

The prayer in the writ petition is for a direction to the respondents to cancel the permits of the trucks bearing Registration Nos.TN-28-F 6567, TN-8-A 6639, TN-57-L 3456, TCC 9955, TN-67-6627, AP-07 7601, AP-16-TV 5857, AP-35-U 5786 and the driving licences of the respective drivers of these trucks.

2. According to the petitioner, the aforesaid trucks are registered with the first respondent.

3. The learned Special Government Pleader appearing for the respondents 1 and 2, on instructions, would submit that none of the vehicles is registered under their Offices and as such, the prayer sought for in this writ petition cannot be considered by them.

4. Nevertheless, since the petitioner is seeking for cause against cruelty to the animals and to facilitate the petitioner to take appropriate action against those trucks, which allegedly are transporting cattle in violation of the provisions of the Prevention of Cruelty to Animal Act, 1960, it would be appropriate that the respondents should furnish the necessary information to the petitioner about the concerned registration offices pertaining to the aforesaid trucks. It is open to the petitioner to take such action on receipt of the information given by the first respondent. With the above observations, the writ petition is disposed of. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ari

To 1.The Regional Transport Officer, Tiruvallur, Tiruvallur District.

2.The Inspector of Police, T-16, Nazarathpet Police Station, Tiruvallur District.

3.Animal Welfare Board of India Ministry of Environment and Forests Government of India Rep.by its Assistant Secretary No.13/1, Third Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai 600 041.

+1 CC to Government Pleader, SR.No.70107.

W.P.No.14059 of 2013 LRS(CO) KP(27.12.2016)