← Library
Madras High CourtWP(MD)/10873/2012allowed

R.Kamaraj v. The Secretary,Govt Of India,

2022-07-07Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD)Nos.2 & 3 of 2012 R.Kamaraj ... Petitioner Vs.

1. The Secretary, Government of India, Ministry of Enviornment & Forest, (Wildlife Division), Paryavaran Bhavan, Lodhi Road, New Delhi.

2. Indian Council of Agricultural Research (ICAR), represented by its Director General, Krishi Bhavan, New Delhi - 110 001.

3. The Central Avian Research Institution (CARI), represented by its Director, Izatnagar, Bareilly, Uttar Pradesh - 243 122.

4. The Principal Chief Conservator of Forest & Chief Wild Life Warden, Panagal Maligai, Saidapet, Chennai - 15.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the communication of the first respondent in F.No.3-3/2011/WL-1 dated 22.09.2011 and quash the same and consequently, forbearing the first respondent and anybody claiming under the impugned communication in F.No.3-3/2011/WL-1, dated 22.09.2011 from interfering with the business of the petitioner to continue with the business of Japanese Quail Farming-production, rearing and marketing of Japanese Quails.

For Petitioner : Mr.S.Anwar Sameem For respondents : Mr.L.Victoria Gowri Assistant Solicitor General of India

O R D E R

The present writ petition has been filed challenging a circular issued by the first respondent herein under which a direction was issued to the state Governments and Union Territories not to issue any new license for farming of Japanese Quails and also not to give any permission for expansion or augmentation of the existing farming facilities.

2/5

2. The learned Assistant Solicitor General appearing for the first respondent, on instructions, submitted that the Japanese Quail has been de-listed from the Schedule IV of the Wild Life (Protection) Act, 1972 and the farming of Japanese Quails no longer require any permission from the statutory authorities. The de-listing has been done by way of notification issued by the Additional Director General of Forest and the Director of Wild Life Reservation, dated 06.12.2013. The same is recorded. In view of the subsequent de-listing, no further adjudication is required in the writ petition.

3. With the above said observations, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

07.07.2022 Index :

Yes / No Internet :

Yes / No jbr 3/5

To

1. The Secretary, Government of India, Ministry of Enviornment & Forest, (Wildlife Division), Paryavaran Bhavan, Lodhi Road, New Delhi.

2. Indian Council of Agricultural Research (ICAR), represented by its Director General, Krishi Bhavan, New Delhi - 110 001.

3. The Central Avian Research Institution (CARI), represented by its Director, Izatnagar, Bareilly, Uttar Pradesh - 243 122.

4. The Principal Chief Conservator of Forest & Chief Wild Life Warden, Panagal Maligai, Saidapet, Chennai - 15.

4/5

R.

VIJAYAKUMAR ,J.

jbr Order made in 07.07.2022 5/5