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Madras High CourtWP(MD)/14971/2015dismissed

C.Anantha Raj v. State Of Tamil Nadu

2015-08-20Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice V. S. Ravi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI W.P.(MD)No.14971 of 2015 C.Anantha Raj .. Petitioner Vs.

1.State of Tamil Nadu, rep. by its Principal Secretary, Forest and Environmental Department, Secretariat, Fort St.George, Chennai-600 009.

2.Union of India, rep. by its Secretary, Ministry of Forest and Environment and Forest, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi-110 003.

3.The Joint Director and Head of Zone, Central Bureau of Investigation, III Floor, E.V.K.Sampath Building, College Road, Chennai-600 006.

4.The District Forest Officer, Office of the District Forest Officer, No.2, Race Course Road, Madurai-625 002.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the Respondent Nos.1 to 3 to constitute special team for find out the operation of the organized illegal gang, who involving animal organs illegal trade and to take appropriate action against the organized illegal gang, who illegally transporting Tiger nail in Madurai within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For respondents : Mr.M.Govindan Special Government Pleader for RR 1 and 4.

Mr.Murugappan Central Government Counsel for RR 2 and 3.

ORDER

*********** [Order of the Court was made by S.NAGAMUTHU,J] The petitioner claims to be a public spirited person. He has come up with this Public Interest Litigation, seeking a mandamus to the respondents to constitute a special team to find out the operation of organised illegal gang involving animal organs trade and to take appropriate action against them.

2.We have heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for R1 and R4, the Central Governement appearing for R2 and R3 and we have also perused the records carefully.

3.The petitioner would state that one person was arrested in Madurai recently, who was found in possession of the nails of a tiger. A case has been registered against him and the same is under investigation. Now, the petitioner wants a team to be set up to unearth similar offences committed.

4.The learned Special Government Pleader would submit that in respect of the above occurrence, a case has been registered and the case is under investigation.

5.We have considered the above submissions.

6. The petitioner is able to quote only one incident regarding which, a case has been registered and the investigation is going on. If the petitioner has got any grievance, his remedy lies elsewhere and not by way of a Pubic Interest Litigation. To constitute a special team, the petitioner has not made out any case to show that such illegal operations are going on elsewhere in the State.

7.In our considered view, this petition is highly misconceived, which has been filed only for publicity sake.

8. In view of the same, this Writ Petition is dismissed. No Costs. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.Principal Secretary to Government of Tamil Nadu, Forest and Environmental Department, Secretariat, Fort St.George, Chennai-600 009.

2. Secretary to Union of India, Ministry of Forest and Environment and Forest, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi-110 003.

3.The Joint Director and Head of Zone, Central Bureau of Investigation, III Floor, E.V.K.Sampath Building, College Road, Chennai-600 006.

4.The District Forest Officer, Office of the District Forest Officer, No.2, Race Course Road, Madurai-625 002.

+1CC to Mr.R. Alagumani, Advocate SR.No.48679 ORDER MADE IN W.P.(MD)No.14971 of 2015 20.08.2015 AM/AAL.MPA/11.09.2015/3P/6C