IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20-12-2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

WP No.37708 of 2015

And

MP No.1 of 2015

V.Paneerselvam

...Petitioner

vs.

1. Executive Authority,

Panagal Village Panchayat,

Nagapattinam District.

2. Mr.Sat @ Muhamed Ali

3. The Director of Rural Development,

Panagal Building,

Saidapet,

Chennai-600 015.

(R-3 suo impleaded vide order of Court

dated 20.12.2021 made in WP 37708 of 2015).

...Respondents

Writ Petition is filed under Article 226 of the Constitution

of India, praying for the issuance of a Writ of Mandamus,

directing the first respondent to take suitable action on the

second respondent as per G.O.(Ms) No.212, Rural Development (C4)

dated 5^th

July 1999). The Tamil Nadu Village Panchayats

(Prohibition or Regulation of the use of places for Slaughtering

Animals and Licensing of Slaughterers) Rules, 1999 by

considering the petitioner's representation dated 20.04.2015.

For Petitioner : Mr.I.Arockia Selvaraj

For Respondent-1 : Mr.M.Rajendiran,

Additional Government Pleader.

For Respondent-2 : Mr.Sabarish for

Mr.S.Kingston Jerald.

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

O R D E R

The relief sought for in the present writ

petition is to direct the first respondent to take suitable

action on the second respondent as per G.O.(Ms) No.212, Rural

Development dated 5^th July 1999.

2. The complaint made by the petitioner was

that the second respondent without getting any license in Animal

Slaughtering running a shop in violation of the Rules issued by

the Government of Tamil Nadu.

3. The petitioner states that in spite of the

complaint given by him, the Authorities Competent failed to

initiate any action. Thus, the petitioner is constrained to move

the present writ petition.

4. The Rules in this regard are not properly

implemented is the contention placed before this Court and thus

it is necessary to implead the Director of Rural Development,

Panagal Building, Saidapet, Chennai-600 015, for the purpose of

issuing appropriate instructions and necessary actions to be

taken against the violators of the Rules. Accordingly, the

Director of Rural Development, Panagal Building, Saidapet,

Chennai-600 015 has been suo motu impleaded by this Court as the

third respondent in the present writ petition.

5. The Tamil Nadu Village Panchayats

(Probhibition or Regulation of the use of places for

slaughtering animals and licensing of slaughterers) Rules, 1999

[hereinafter referred to as the 'Rules', in short] provides

regulation for slaughtering by issue of license. Accordingly, no

person shall, without a license issued by the Executive

Authority, slaughter, cut up or skin or permit to be

slaughtered, cut up or skinned any cattle, horse, sheep, goat or

pig or poultry or fish in any place in the village other than in

a public slaughter house, if any, provided by the Village

Panchayat.

6. The procedure for grant of license is

contemplated under Rule 4 of the Rules. The Certificate to be

issued by the Veterinary Assistant Surgeon is contemplated under

Rule 5. Rule 6 provides responsibility for the Licensee to

dispose of the unusable of these slaughtered animals.

7. When Rules 4 and 5 provide the license to

be granted by the Executive Authority and a Certificate to be

issued by the Veterinary Assistant Surgeon and further the

responsibility for the Licensee to dispose of the unusable of

these slaughtered animals, the Authorities Competent are bound

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

to ensure that the abovesaid Rules are implemented effectively,

so as to prevent any health issues in the event of any

violations.

8. The implementation of the Rules plays a

pivotal role in view of the fact that in the event of disposing

of the unusable of these slaughtered animals, the same would

create pub