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2022 Supreme(Mad) 2538
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUNISHWAR NATH BHANDARI, N. MALA, JJ.
A. Viswanathan - Appellant
Versus
State of Tamil Nadu, Rep. By Chief Wild Life Warden, Chennai & Others - Respondent
W.P. No. 15230 of 2022 & W.M.P. Nos. 14406 & 14407 of 2022
Decided On : 10-08-2022
Advocates appeared:
For the Petitioner:H. Agrawal for Dr. S.K. Samy, Advocate. For the Respondents:R1, P. Muthukumar, Government Pleader, R2, V. Sudha, Central Government Standing Counsel, R3, Atul Nanda, Senior Counsel for Dr. Sujay N. Kantawala, R4, Niranjan Rajagopalan Assisted by Meghna Kumar for M/s. G.R. Associates, Advocates.
For the Petitioner:H. Agrawal for Dr. S.K. Samy, Advocate. For the Respondents:R1, P. Muthukumar, Government Pleader, R2, V. Sudha, Central Government Standing Counsel, R3, Atul Nanda, Senior Counsel for Dr. Sujay N. Kantawala, R4, Niranjan Rajagopalan Assisted by Meghna Kumar for M/s. G.R. Associates, Advocates.
The welfare of the animals should be the prime concern and the guiding light in matters concerning them, and an ecocentric approach should be adopted.
Headnote:
Crocodiles - Wildlife Protection - Wild Life Protection Act, 1972, Recognition of Zoo Rules, 2009 - The court addressed the validity of the transfer of 1000 crocodiles from one zoo to another in light of the provisions of the Wild Life Protection Act, 1972 and the Recognition of Zoo Rules, 2009.
Fact of the Case:
The petitioner, an Ex-Service Man and an environment and animal lover, filed a Public Interest Litigation challenging the transfer of 1000 crocodiles from one zoo to another, citing violations of the Wild Life Protection Act, 1972, and the Recognition of Zoo Rules, 2009.
Finding of the Court:
The court found that the transfer of crocodiles was legally valid and in the interest of the welfare of the animals. It rejected the petitioner's contentions, emphasizing the need for an ecocentric approach and the paramount concern for the welfare of the animals.
Issues: The main issues were the validity of the transfer of crocodiles and the permission granted to operate the zoo, in accordance with the Wild Life Protection Act, 1972 and the Recognition of Zoo Rules, 2009.
Ratio Decidendi: The court held that the objections to the transfer of crocodiles were devoid of merits and without factual basis, emphasizing the need for an ecocentric approach and the welfare of the animals as the prime concern.
Final Decision: The writ petition was dismissed, and there was no order as to costs. The connected miscellaneous petitions were also dismissed.
JUDGMENT
(Prayer: W.P.No.15230 of 2022: Writ Petition is filed under Article 226 of the Constitution of India humbly praying “to issue a WRIT OF MANDAMUS or any other appropriate Writ, or order, or direction, in the nature of a Writ, it is therefore prayed that this Hon'ble Court may be pleased to set aside /quash the permission by which the Respondent Nos.1 and 2 granted permission for the transfer of 1000 crocodiles from the respondent No.4 facility to the Respondent No.3 facility, and consequentially issue directions to quash and set aside the permission granted by the Respondent No.2 to the Respondent No.3 to operate a Zoo and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
W.M.P.No.14406 of 2022: Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India humbly praying to direct the Respondents 1 and 2 to an inquiry and investigation be directed into the management and affairs of the Respondent No.3 by an independent agency like CBI, CID or Special SIT constituted by this Court and based on the report, action be taken or directed to be taken against the Respondent No.3 and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
W.M.P.No.14407 of 2022: Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India humbly praying that this Hon'ble Court may graciously be pleased to issue any other appropriate Writ, or order, or direction, in the nature of a Writ, it is therefore prayed that this Hon'ble Court may be pleased direct the Respondent No.1 and 2 from giving any permission to Respondent No.3 for acquiring, purchasing, exchanging or selling any animals from any other zoos in Tamil Nadu, India or abroad and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.)
N. Mala, J.
1. The Writ Petition is filed as a Public Interest Litigation to set aside /quash the permission by which the respondent Nos.1 and 2 granted permission for the transfer of 1000 crocodiles from the respondent No.4 facility to the respondent No.3 facility, and consequentially to quash and set aside the permission granted by the respondent No.2 to the respondent No.3 to operate a Zoo.
2. With the consent of both the petitioner as well as the respondent's counsel the main writ petition is taken up for hearing and is disposed of by this order.
3. INTRODUCTION:
3. “The greatness of a nation and its moral progress can be judged by the way its Animals are treated” – M.K.Gandhi.
“51-A. Fundamental duties. --- It shall be the duty of every citizen of India ----
(g) to protect and improve the natural environment including forest, lakes, rivers and wildlife, and to have compassion for living creatures.”
4. In this Public Interest Litigation we are called upon to address the issue of the validity of transfer of 1000 crocodiles from the 4th respondent Zoo to the 3rd respondent Zoo in t
“51-A. Fundamental duties. --- It shall be the duty of every citizen of India ----
(g) to protect and improve the natural environment including forest, lakes, rivers and wildlife, and to have compassion for living creatures.” he light of the provisions of the Wild Life Protection Act, 1972 and the rules framed there under.”
5. Our nation culturally has always been Ecocentric. We believe in peaceful co-existence with all creatures and our love and reverence for the animal world is reflected in our religion, folklore, art and craft. From ancient times we are known to have protected, venerated and conserved wild life. The legacy of protection of wild animals and plants is reflected in the constitution 42nd Amendment Act, 1976 by which Article 51-A was inserted in Part IV-A of the constitution. Article 51-A reads as follows:
“51-A. Fundamental duties. --- It shall b
