T.S.SIVAGNANAM
C. D. Gopinath – Appellant
Versus
State of Tamil Nadu represented by its Secretary, Chennai & Others – Respondent
1. The petitioner has filed the present Writ Petition for issuance of writ of Certiorarified Mandamus to quash the order passed by the 3rd respondent dated 06.03.2006, rejecting the petitioners application for grant of ownership certificate in respect of the Wild Life Trophies inherited by the petitioner. According to the petitioner, his father was a wild life enthusiast, who had during his life time, had collected several Wildlife Memorabilia and after the demise of his father, the petitioner is stated to have inherited such Memorabilia. According to the petitioner, these collections have a sentimental value and therefore, it is incalculable in terms of money. Section 40(A) was inserted in the Wild Life Protection Act, 1972, by the Wild Life (Protection) Amendment Act 2002, Act 16 of 2003, with effect from 01.04.2003. This provision was inserted with a view to grant immunity in certain cases. For better appreciation the provision is extracted as hereunder:-
"40A. Immunity in certain cases:- (1) Notwithstanding anything contained in subsections (2) and (4) of Section 40 of this Act, the Central Government may, by notification, require any person to declare to the Chief Wi
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