Kerala High Court
Anil Alexander vs State Of Kerala on 6 November, 2013
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 17TH DAY OF JANUARY 2014/27TH POUSHA, 1935
WP(C).No. 1146 of 2014 (P)
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PETITIONER(S):
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ANIL ALEXANDER, S/O.ALEXANDER,
''INTUITION SOLUTIONS'', 63RD MILE,
CHOTTUPARA P.O.,VANDIPERIYAR- 685 553.
BY ADVS.SRI.PIUS C.MUNDADAN,
SMT.ANJU DIVAKAR.
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
ANIMAL HUSBANDRY DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
2. THE DIRECTOR,
DIRECTORATE OF ANIMAL HUSBANDRY,
VIKAS BHAVAN, THIRUVANANTHAPURAM -695 033.
3. THE DISTRICT COLLECTOR,
IDUKKI- 685 601.
4. THE SALES TAX OFFICER,
KUMILY CT CHECK POST, KUMILY- 685 509.
5. THE CIRCLE INSPECTOR OF POLICE,
KUMILY -685 509.
BY SR. GOVT.PLEADER MR.VIJU ABRAHAM.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17-01-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 1146 of 2014 (P)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1. COPY OF THE LICENCE DATED 06.11.2013 ISSUED BY THE
VANDIPERIYAR GRAMA PANCHAYAT.
EXHIBIT P2. COPY OF THE CONSENT TO OPERATE DATED 31.10.2013 ISSUED BY
THE KERALA STATE POLLUTION CONTROL BOARD.
EXHIBIT P3. COPY OF THE NO OBJECTION CERTIFICATE DATED 04.09.2013
ISSUED BY THE KERALA HEALTH SERVICES DEPARTMENT, CHC,
VANDIPERIYAR.
EXHIBIT P4. COPY OF THE REGISTRATION UNDER FSS ACT, 2006 FROM THE
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
DATED 06.12.2013.
EXHIBIT P5. COPY OF THE ACKNOWLEDGMENT (PART II) DATED 30.11.2013 FOR
PROCESSING FRESH MEAT IN THE UNIT ISSUED BY DISTRICT
INDUSTRIES CENTRE, IDUKKI.
EXHIBIT P6. COPY OF THE LICENCE FOR MEAT AND MEAT PRODUCTS UNDER
FOOD SAFETY AND STANDARDS ACT,2006 ISSUED BY THE TAMIL
NADU FOOD SAFETY AND DRUG ADMINISTRATION DEPARTMENT
(FOOD SAFETY WING) ISSUED TO A. ZAHIR HUSSAIN
DATED 04.10.2013.
EXHIBIT P7. COPY OF THE CERTIFICATE DATED 01.10.2013 ISSUED BY
CHIEF CIVIL SURGEON MEDICAL OFFICER, GOVERNMENT
HOSPITAL, CUMBUM TO M.NASAR.
EXHIBIT P8. COPY OF THE CERTIFICATE DATED 01.10.2013 ISSUED BY
CHIEF CIVIL SURGEON MEDICAL OFFICER, GOVERNMENT
HOSPITAL, CUMBOM TO P.PLALANISWAMY.
EXHIBIT P9. COPY OF THE CERTIFICATE DATED 01.10.2013 ISSUED BY
CHIEF CIVIL SURGEON MEDICAL OFFICER, GOVERNMENT
HOSPITAL, CUMBUM TO N.NOORMOHAMMED.
EXHIBIT P10. COPY OF THE PROFORMA FOR CERTIFICATE OF MEAT
TRANSPORTATION ISSUED BY THE VETERINARY ASSISTANT
SURGEON, CUMBUM DATED 14.11.2013.
EXHIBIT P11. COPY OF THE PROFORMA FOR CERTIFICATE OF MEAT
TRANSPORTATION ISSUED BY THE VETERINARY ASSISTANT
SURGEON, CUMBUM DATED 28.11.2013.
2/-...........
WP(C).No. 1146 of 2014 (P)
EXHIBIT P12. COPY OF THE CONSIGNMENT DECLARATION FORM NO.8F OF
THE KERALA COMMERCIAL TAXES DEPARTMENT DATED 14.11.2013.
EXHIBIT P13. COPY OF THE CONSIGNMENT DECLARATION FORM NO.8F OF
THE KERALA COMMERCIAL TAXES DEPARTMENT DATED 28.11.2013.
EXHIBIT P14. COPY OF THE BAN ORDER NO.E1-34276 DATED 04.12.2013
ISSUED BY 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
P.R. RAMACHANDRA MENON, J.
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W.P.(C). No. 1146 of 2014
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Dated this the 17th day of January, 2014
JUDGMENT
The petitioner has approached this Court with the following prayers:
"i. To issue a writ of mandamus or any other appropriate writ, order directing the respondents to permit the petitioner to import raw meat, which is certified as not showing any signs of infections or contagious or parasitic diseases by the Veterinary Surgeon, Cumbum, in the insulated vehicle No. KL-07 BX 7438 of the petitioner from Cumbum to the processing plant at Vandiperiyar through Kumily Check Post.
ii. To issue a writ of certiorari or any other appropriate writ or order quashing Ext.P14 order.
iii. To issue a writ of mandamus or any other appropriate writ or order directing the respondents to comply with the provisions of Prevention and Control of Infectious and Contagious Diseases in Animals Act 2009.
iv. To issue a declaration that the ban imposed on import of cattle from the neighbouring States is illegal.
v. To declare that the stand of the respondents particularly the check post authorities at Kumily that the meat cannot be transported from Cumbum to the processing plant at Vandiperiyaar through Kumily check post is ultra vires Article 19(1) (g) and beyond the scope of Ext.P14 ban order."
W.P.C. No. 1146 of 2014 -2-
2. Today, when the matter is taken up for consideration, the learned Government Pleader appearing for the respondents submit that there was a ban on cattle and meat transportation, because of the emergent measures taken by the concerned authorities in connection with the outbreak of the contagious/parasitic foot and mouth disease of the cattle brought from outside the State. The attempt was made to curb the menace and save the health and lives of the general public of the State. Later, after evaluation of the position as on date, some modification was made and an Order bearing No. E1-34276/2013 dated 8.1.2014 was passed, whereby 'five' check posts have been identified, through which cattle without any infectious disease certified by the concerned authorities could be brought into the State; making use of the infrastructure available at the said check posts.
3. Among the five check posts, 'Kumili' in Iddukki District also stands included, through which the petitioner intends to transport meat from outside the State, based on Exts. P10 and P11, which are the Certificates issued by the competent authorities in this regard, subject to scrutiny. It was in the said W.P.C. No. 1146 of 2014 -3- circumstance that the petitioner has raised the prayers as mentioned above.
4. After hearing both the sides, this Court finds that Ext.P14 order bearing No. E1-34276 dated 4/12/2013, which is impugned in the writ petition, has lost significance as on date, by virtue of the modified order dated 8.1.2014 as mentioned herein before. In the said circumstance, petitioner is set free to bring the meat from outside the State, subject to satisfaction of all the requirements based on the modified order dated 8.1.2014, in so far as the meat is fresh and it is certified as not showing any signs of infections or contagious or parasitic diseases by the competent authority/Veterinary Surgeon, to the satisfaction of the Authorities concerned headed by the Additional Director of Animal Husbandry Department placed at the concerned check posts.
The writ petition is allowed to the said extent. No cost.
P.R. RAMACHANDRA MENON, JUDGE.
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