Antony Clement Rubin, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Antony Clement Rubin : Petitioner in both writ petitions versus 1.The State of Tamil Nadu Rep. by its Chief Secretary Fort St. George, Chennai - 600009 2.The State of Tamil Nadu Rep. by Secretary to the Government Department of Environment and Forests Fort St. George, Chennai 9 3.The Principal Chief Conservator of Forests Forest Department Panagal Maligai Saidapet Chennai - 600015 4.The Executive Officer Adi Kesava Perumal Temple SH 57 Ramanujar Nagar, Sriperumbudur - 602105 5.Animal Welfare Board of India Ministry of Fisheries Animal Husbandry & Dairying National Institute of Animal Welfare Campus P.O. 42 KM Stone Delhi - Agra Highway NH-2 Village Seekri, Ballabhgarh, Faridabad, Haryana 121004 6.The District Forest Officer Chingleput Division 5/ 9 Varadharaja Farms
Kancheepuram - 603501 7.Project Elephant Division Ministry of Environment Forests and Climate Change 6th Floor, Prithvi Block, Indira Paryavaran Bhawan Alingani Jor Bagh Road New Delhi - 110003 : Respondents in both writ petitions Prayer: WP Nos.32313 of 2019 Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to permanently shift elephant Kothai from her current inhumane conditions and be shifted immediately to place of rehabilitation. Prayer: WP Nos.32313 of 2019 Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 1st respondent to constitute a commission headed by a retired Judge of the High Court and with a technical member recommended by the 7th respondent that will ascertain the status of captive elephant management in the Sate of Tamil Nadu and recommend measures that will promote the welfare of such captive elephants in the state of Tamil Nadu. For the Petitioner :
Mr.Srivatsa for Mr.S.V.Pravin Rathinam For Respondents 1 to 3, 6:
Mr.P.Muthukumar, State Government Pleader For Respondent No.4 :
Mr.S.P.Chockalingam For Respondent No.7 :
Mr.R.Rajesh Vivekanandan, SPC No appearance for the fifth respondent COMMON ORDER (Made by the Hon'ble Chief Justice) Learned counsel for the petitioner seeks leave to withdraw the writ petitions.
2. Leave is granted and the writ petitions are dismissed as withdrawn. There will be no order as to costs. Consequently, WMP No.32601 of 2019 is closed.
(S.V.G., CJ.) (D.B.C., J.) 02.01.2024 Index : Yes/No : Yes/No tar To 1.The Chief Secretary Fort St. George, Chennai - 600009 2.The Secretary to the Government Department of Environment and Forests Fort St. George, Chennai 9 3.The Principal Chief Conservator of Forests Forest Department Panagal Maligai Saidapet, Chennai - 600015 4.Animal Welfare Board of India Ministry of Fisheries Animal Husbandry & Dairying National Institute of Animal Welfare Campus P.O. 42 KM Stone Delhi - Agra Highway NH-2 Village Seekri, Ballabhgarh, Faridabad, Haryana 121004 5.The District Forest Officer Chingleput Division 5/ 9 Varadharaja Farms Kancheepuram - 603501
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(tar) 02.01.2024