IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

and

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

WP(MD) No.10988 of 2020

and W.M.P.(MD) No.9637 of 2020

N.Abdul Rahman Jalal

.. Petitioner

Vs.

1. Union of India, represented by,

The Principal Secretary to the Government,

Ministry of Environment, Forest and Climate

Change, Indira Paryavaran Bhavan,

Jarbagh Road, New Delhi - 110 003.

2. The Director,

Wildlife Crime Control Bureau,

IInd Floor, Trikoot-I,

Bhikajicama Place, New Delhi - 110 066.

3. State of Tamilnadu, represented by

The Principal Secretary to the Government,

Environment and Forests Ministry,

State of Tamilnadu, Secretariat,

Fort St.George, Chennai - 600 009.

4. The Regional Director,

Wildlife Crime Control Bureau,

Southern Region, C-2A, Rajaji Bhavan,

Besant Nagar, Chennai - 600090.

5. State of Tamilnadu, represented by,

The Principal Chief Conservator of Forests,

Panagal Maligai, 1, Jeenis Road, Saidapet,

Chennai - 600 015.

6. The District Collector,

Office of the District Collector,

Trichy 620 001.

7. The District Forest Officer,

Office of the District Forest Officer,

Tiruchy Division, Candonment Compound,

Trichy - 620 001.

https://hcservices.ecourts.gov.in/hcservices/

8. The Inspector of Police,

Jeeyapuram Police Station,

Trichy District.

.. Respondents

Prayer: Writ Petition has been filed under Article 226 of the

Constitution of India seeking a Writ of Mandamus (a) to

declare the habitats of Indian Fox (Vulpes Bengalensis) in

Trichy, Virudhunagar district and other habitats of Indian Fox

in Tamil Nadu as a protected area under Wildlife (Protection)

Act, 1972; (b) to ban selling and manufacture of various kinds

of traps and snares as rightly mentioned in the Draft Wild

Life (Protection) Amendment Bill, 2010; (c) to transfer the

investigation related to the case of poaching of fox near

Trichy district, from R7 to R4; (d) to take necessary action

to ban the selling and manufacture of Explosives that are used

to stuffed inside a bait to kill the Wild Animals for

Poaching; and (e) to conduct regular awareness programs to the

local people living around the habitats of Indian Fox in

Trichy District and other Habitats of Indian Fox, to make them

aware of the need and importance of conserving the Indian Fox

in accordance with law within the time stipulated by this

Court.

For Petitioner

:

Mr.T.Lajapathi Roy

for Mr.R.Alagumani

For Respondents 1 & 2

:

Mr.V.Chandrasekaran, SPC

For Respondents

:

Mr.A.Selvendran

3, 4, 6 and 8

Special Government Pleader

For Respondents 5 & 7

:

Mr.Tipu Sultan, G.A

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.)

This writ petition has been filed to declare the Indian

Fox (Vulpes Bengalensis) in Trichy and Virudhunagar district

and other habitats of Indian Fox in Tamil Nadu as a protected

animal under the Wild Life (Protection) Act, 1972 and also ban

selling and manufacture of various kinds of traps and snares

as per the draft Wild Life (Protection) Amendment Bill, 2010.

2. The case of the petitioner is that the Indian Fox

(Vulpes Bengalensis) is often being hunted by stuffing the

country bomb inside the meat and now it is an endangered

species and unless the Indian Fox is brought under the

Schedule to the Wild Life (Protection) Act, the population of

Indian Fox will be diminished.

3. Earlier, notice has been ordered to the respondents.

Mr.A.Selvendran, learned Special Government Pleader submitted

that already Common Fox (Vulpes Bengalensis) has been included

https://hcservices.ecourts.gov.in/hcservices/

in I-B in Part II of Schedule II of the Wild Life (Protection)

Act, 1972 vide Notification No.S.O.859(E), dated 24.11.1986

and also published in the Gazette of India on the same date.

As already the Indian Fox has been include