Madras High CourtWP(MD)/159/2016dismissed

K.K.Ramesh, Managing Trustee, v. The Government Of India,

2016-01-22Honourable The Chief Justice,Honourable Mr Justice V. Ramasubramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2016 CORAM :

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition (MD) No.159 of 2016 and W.M.P(MD)No.122 of 2016 K.K.Ramesh, Managing Trustee, Tamil Nadu Centre for Public Interest Litigation, No.26 A, Old Mahalipatti Road, Madurai 625 001.

... Petitioner Vs.

1. The Government of India, Rep by its Secretary, Ministry of Environment and Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi 110 003.

2. The Government of India, Rep by its Secretary, Ministry of Law, New Delhi.

3. The Chairman, Animal Welfare Board of India, 13/1, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai 600 041.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records pertaining to the 1st respondent Central Government Notification No.384 dated 11.07.2011 under Section 22(ii) of Prevention of Cruelty to Animals Act 1960 and quash the Item No.6 (Bulls) in the above said notification as illegal.

For Petitioner : Mr.K.K.Ramesh, Party in Person For Respondents 1&2 : Mr.G.R.Swaminathan, ASG

ORDER

(Order of the Court was made by The Hon'ble The Chief Justice) https://hcservices.ecourts.gov.in/hcservices/ The writ petition is totally misconceived as the notification, which is sought to be assailed, bearing No.314, dated 11.07.2011 has been

specifically upheld by the Hon'ble Supreme Court in paragraph 90 of the judgment in Animal Welfare Board of India vs.A.Nagaraja, 2014 (7) SCC 547, which is reproduced for convenience.

"90.We, therefore, hold that AWBI is right in its stand that Jallikattu, Bullock-cart Race and such events per se violate Sections 3, 11(1)(a) and 11(1)(m)(ii) of PCA Act and hence we uphold the notification dated 11.7.2011 issued by the Central Government, consequently, Bulls cannot be used as performing animals, either for the Jallikattu events or Bullock- cart Races in the State of Tamil Nadu, Maharashtra or elsewhere in the country".

2.Accordingly, the writ petition is dismissed. No costs. Consequently, W.M.P.(MD)No.122 of 2016 is closed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government of India Ministry of Environment and Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi 110 003.

2. The Secretary to Government of India, Ministry of Law, New Delhi.

3. The Chairman, Animal Welfare Board of India, 13/1, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai 600 041.

+ 1 CC TO MR.K.K.RAMESH, PARTY-IN-PERSON SR NO. 4197 SMS/GB TE/PM-MP/ : 09/02/2016 : 2P/5C Writ Petition (MD) No.159 of 2016 and W.M.P(MD)No.122 of 2016 22.01.2016 https://hcservices.ecourts.gov.in/hcservices/