Madras High Court
Iyyapazham vs The District Collector on 18 December, 2023
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P(MD)No.22492 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.22492 of 2017
Iyyapazham ...Petitioner
Vs.
1.The District Collector
Kanyakumari District,
Nagercoil.
2.C.Rajalingam,
All India Pig and Dog Catchers,
No.33, North Street,
Sweeper Colony,
Thirumangalam - 625 706. ...Respondents
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.22492 of 2017
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus calling for all
the connected and relevant records relating to the proceedings in
Na.Ka.No.1042/2016/pa3 Dated 13.09.2017 passed by the first
respondent herein and quash the same and consequently directs the
respondents to return 152 pigs to the petitioner.
For Petitioner : Mr.D.Christenson Jugunu
For Respondents : Mr.G.Surya Ananth - for R1
Additional Government Pleader
No Appearance – for R2
ORDER
The petitioner was running a Piggery Farm in his property in Survey No.283/13 at Kattuvilai Manavallakurichi Village, Kalkulam Taluk, Kanyakumari District. According to the petitioner, he was running a Piggery Farm for more than five years. The petitioner has also made an application before the concerned authority 2/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.22492 of 2017 seeking permission to run the Piggery Farm. He has also made applications on 30.01.2015, 03.03.2015 and 11.01.2016 and the respondent has issued notice under Sections 85, 56 and 57 of the Town and Country Planning Act, 1971.
2. In earlier occasion, the petitioner has also filed a Writ Petition before this Court in W.P.(MD)No.14647 of 2016 for a Writ of Mandamus directing the respondents to consider his representations, dated 14.07.2016 and 02.08.2016 for issuance of license for his Piggery Farm and for compensation. This Court by order dated 27.07.2017 has directed the District Collector to consider the representation of the petitioner. However, the District Collector vide his proceedings dated 13.09.2017 has rejected the claim of the petitioner stating that, pursuant to the letter issued by the Executive Officer of the Town Panchayat dated 17.08.2017 around 152 pigs were found in unhygienic condition in the petitioner's farm and therefore, compensation cannot be granted to the petitioner. This order dated 13.09.2017 is impugned in this Writ Petition. 3/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.22492 of 2017
3. The learned counsel for the petitioner submitted that this Court in W.P.No.40960 of 2015, has passed an order that in similar circumstances that the pigs taken by the respondent Municipality was ordered to be returned to the concerned parties. He further submits that the respondents have taken all the 400 white pigs of the petitioner. However, in the impugned order it has been mentioned as only 152 pigs. Therefore, he prays for appropriate relief.
4. The learned counsel for the respondents Municipality submits that the petitioner was running a Piggery Farm without obtaining any valid license from the local body. The Pig Farm was in an unhygienic condition and therefore, the petitioner was directed to hand over the pigs to the District Administration. The pigs which were handed over were also sold in public auction and therefore, nothing survives in this Writ Petition.
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5. This Court considered the rival submissions made and perused the material available on records.
6. The petitioner was running a Piggery Farm, however, without a valid license and therefore, the respondents have taken action and taken the pigs from the petitioner's farm. It appears that totally 152 pigs which have been taken from the petitioner's Piggery Farm have been sold by the official respondents. If any licence is required for rearing the pigs, the local authority ought to have issued a show cause notice calling upon the petitioner either to obtain the licence as required under the Act or ought to have provided some opportunity to the petitioner.
7. The petitioner claims that he was rearing pigs in his farms. On the compliant of 2nd respondent, these pigs were taken by the Municipal Administration that the petitioner was keeping the pigs without any license. A license is required under Section 245 of 5/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.22492 of 2017 District Municipalities Act, 1920 for keeping the animals and the same is extracted as under :
“245. Licences for places in which animals are kept .— (1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard, or other place in which quadrupeds are kept or taken in for purposes of profit [shall apply to the Executive Authority for a licence not less than thirty and not more than ninety days before the opening of such place or the commencement of the year for which the licence is sought to be renewed, as the case may be.] (2) The [Executive Authority] may, by an order and under such restrictions and regulations as he thinks fit, grant or refuse to grant such licence:
Provided that this section shall not apply to any such place licensed as a place of public entertainment or resort under the [Tamil Nadu] Places of Public Resort Act, 1888 (1 [Tamil Nadu] Act II of 1888).6/10
https://www.mhc.tn.gov.in/judis W.P(MD)No.22492 of 2017 (3) No person shall, without or otherwise than in conformity with a licence, use any place for such a purpose.”
8. Section 241 of the Act empowers the District Magistrate to give public notice to destroy unlicensed pigs or dogs straying within the specified limits and the council is obliged to comply the same. A similar provision in Bombay and Maharashtra Municipalities Act allowing the killing of stray animals was stayed in Animal Welfare Board of India Vs. People for Elimination of Stray Troubles, reported in (2016) 2 SCC 598. However, in this case there is no public notice to destroy the unlicensed pigs by the District Collector. On the compliant of the 2nd respondent, the District Administration has issued a direction and the pigs were taken from the petitioner and it was sold in public auction.
9. It is not the case of the Respondents that all these 152 pigs were straying in streets and there is no public notice from the District Magistrate prohibiting unlicensed stray pigs. Rearing of pigs 7/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.22492 of 2017 itself is not prohibited, only unlicensed and stray pigs are prohibited. If the petitioner was rearing pigs without knowing the required provisions, the respective local body ought to have issued a show cause notice calling upon the petitioner to obtain the required license from the local body as contemplated under section 245 of the District Municipalities Act, 1920. In this case, on the compliant of the 2nd respondent, the 1st respondent has directed the local body to take pigs from the petitioner’s farm and to destroy the same. The respondent claims that around 152 were taken from the petitioner’s farm has also been destroyed by selling in a public auction. If the pigs has to be removed by way of public auction, the respondents should have given an opportunity to the petitioner to sell the same. The petitioner ought to have been provided either an opportunity or to sell the pigs in a stipulated time. The 1st respondent without following the same has acted on the compliant of the 2nd respondent, in a improper manner.
10. Therefore, this Writ Petition is disposed with a 8/10 https://www.mhc.tn.gov.in/judis W.P(MD)No.22492 of 2017 direction to the 1st respondent to repay the amount of the pigs which were sold by the respondents in a public auction within a period of four months from the date of receipt of a copy of this order. No costs.
18.12.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
RM
To
1.The District Collector
Kanyakumari District,
Nagercoil.
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W.P(MD)No.22492 of 2017
B.PUGALENDHI, J.
RM
Order made in
W.P(MD)No.22492 of 2017
18.12.2023
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