G. Balasubramaniam v. District Collector, Coimbatore District, Coimbatore
2017-11-27
S.VAIDYANATHAN
body2017
DigiLaw.ai
JUDGMENT : 1. The petitioner has come forward with this petition to direct the respondents 1 to 4 to take necessary steps to remove more than 500 unlicensed black pigs from the respondents 5 to 7 by invoking the provisions under the Tamil Nadu Panchayats (Licensing of Pigs and Destruction of Unlicensed or Infected Pigs) Rules, 1996 and also based upon the letter vide, Na.Ka.No.926/2015/A5, dated 26.09.2017 on the file of the 2nd respondent. 2. Respondents 5 to 7 have been served and their names are printed in the cause list, but none appeared. 3. It is the case of the petitioner that the respondents 5 to 7 are rearing pigs without having any valid licence. According to the petitioner, he is a senior citizen and one of the "Mukkya Pramugar" in the village and the village is situated 22 Km from the Coimbatore and 23 Km from Tiruppur and 90% of the said village people are doing agricultural activities. On account of no rainfall, agricultural activities have come down, but however, depending upon the available water, they are doing agriculture for producing maize, beetroot, ladies finger and other vegetables and sending it to Uzhavar Sandhai in Tiruppur and Coimbatore Districts. They are not receiving much profit by harvesting vegetables. 4. According to petitioner, the respondents 5 to 7 are residing on the Western side of the petitioner's land and without obtaining any licence under Tamil Nadu Panchayats (Licensing of Pigs and Destruction of Unlicensed or Infected Pigs) Rules, 1996, rearing pigs and most of the pigs are infected pigs. The pigs of the respondents 5 to 7 are damaging the petitioner's crops and also neighbours, resulting in loss of more than Rs.10,000/- per month. 5. According to the petitioner, in terms of Rule 4 of the said Rules, the custodian of every pig has to obtain a licence from the local Panchayat for a period of 6 months and a badge, which should be fixed in any one of the pig for the purpose of identification and verification by the Panchayat and Rule 9 deals with seizure and destruction of pigs, for better understanding, Rules 4 & 9 are extracted below: 4. Taking of licence.
Taking of licence. When a notice under rule 3 has been published, the owner or custodian of every pig within the limits of the panchayat shall, within fifteen days from the date of such publication of notice take out from the Executive authority of the panchayat, a licence badge showing the following particulars and such other particulars, if any, as the Collector may prescribe, on payment of a licence fee not exceeding five rupees per pig for the half year in which such notice was given. (1) Name of the panchayat (in a abbreviated form if the name is too long); (2) Number of the licence issued; and (3) Particulars of the year and half year, for which the licence is issued. The badge shall be fixed to any one of the ear of the pig for the purpose of inspection and verification by the Executive Authority of the panchyayat or any person authorised by him: Provided that the Collector may, for special reasons, extend the period within which a licence shall be taken from the Executive Authority after the publication of the notice. ........ 9. Seizure and destruction of pigs during the out-break of encephalitis. Notwithstanding anything contained in these rules, if any panchayat or in the panchayats adjoining it, there is an outbreak of encephalitis disease or any other disease for the spreading of which pigs are considered as carriers of the disease, the Executive Authority may, and if so required by the District Health Officer or the Collector, shall make such arrangements as may be necessary or not and the owners of the pigs whether licensed or not have no claim, whatsoever against the Executive Authority, ordering the destruction of such pigs." 6. It is stated that the 4th respondent till date, has not issued any licence to the respondents 5 to 7 permitting to rear the pigs and the respondents 5 to 7, without obtaining any valid licence, are in possession of more than 500 black pigs. Theses pigs are spreading various diseases to the local people, damaging crops and causing accidents to several motorists. These pigs entered into the field and damaged the fodder of the cows.
Theses pigs are spreading various diseases to the local people, damaging crops and causing accidents to several motorists. These pigs entered into the field and damaged the fodder of the cows. As per Rule 6 of the said Rules relating to seizure of unlicensed pigs, any pig found straying in any public place within the limit of Panchayat, without the licence badge obtained under Rule 4, shall be liable to be seized by any person authorised by Executive Authority in that behalf. Rule 9 of the said Rules deal with the seizure and destruction of pigs. 7. It is submitted that several representations have been given by the petitioner and neighbours to remove the unlicensed pigs. On 29.09.2017, the 2nd respondent directed the respondents 5 to 7 to remove the unlicensed black pigs and construct a shed in the outer area from the village, failing which action would be taken against the persons through the Police Department. Unfortunately, the same has not been carried out. 8. The learned counsel for the petitioner verbally made a submission that there are more than 500 unlicensed black pigs and the pigs are cut in the open place and porks are sold for consumption, which cause great health hazard and havoc to the public. 9. After notice from this Court, the third respondent addressed letter dated 15.11.2017 to the Health Officer, Chandrapuram, Sultanpet Panchayat Union, and Veterinary Doctor, Veterinary Hospital, Lakshminayakkanpalayam, Selakkarichal Village Panchayat and to Inspector of Police, Sulur Police Station, Sulur with a copy marked to the second respondent and one Balasubramainan and Devaraj, wherein it is stated that already steps have been taken as they have received complaints with regard to rearing of pigs by respondents 5 & 6. It is stated that inspection report has been called for and warning intimation has been given to remove the pigs within 3 days. Further, Notice has been issued under Section 80 of CPC and further stated that within 10 days, the entire pigs have got to be removed from the area. It is further stated that the pigs cause health hazard and fear to agriculturist and residents and steps need to be taken by the officials to remove them. As the above communications were issued to respondents 5 to 7, this Court expects that pigs be removed from the place in question. 10.
It is further stated that the pigs cause health hazard and fear to agriculturist and residents and steps need to be taken by the officials to remove them. As the above communications were issued to respondents 5 to 7, this Court expects that pigs be removed from the place in question. 10. In terms of Tamil Nadu Panchayats (Licensing of Pigs and Destruction of Unlicensed or Infected Pigs) Rules, 1996, any licence or permission should be obtained for doing the said pig business and the authority by notice shall require a person to remove the pigs within the time stipulated in the notice. According to the petitioners, the respondents 5 to 7 have no licence, and even assuming that they have licence, they have no business to carry on the pig business, as it causes health hazard to any one, much less the residents. The respondents 5 to 7 have not entered appearance to contend that they are having valid licence and periodically renewed. There is a communication on three occasions to respondents 5 to 7 as per the said letter dated 15.11.2017 stating that they have no licence for rearing of pigs in the place in question. 11. In similar case, the Division Bench of this Court in W.P.No.5311 of 2009 & M.P.No.1 of 2009, by order dated 23.10.2017, held that official respondents are under obligation to see that no pig sty / pigpen are maintained without any proper licence and the official respondents shall follow up the matter and monitor the same regularly. If any health hazard or disease outbreak on account of the unregulated growth of pig and piglets and slaughtering for food purposes is noted, the official respondents will be held for the consequences and cause. 12. It is to be noted that rearing of pigs causes deadly Japanese Encephalities (brain fever), swine flu, etc.,. Pig is an agent that spreads virus from animal to humans. The official respondents have to ensure that unlicensed pigs are removed within a period of one week from the date of receipt of a copy of this other and status report shall be filed before the Registrar General, High Court, Madras. 13. With the above observations and directions, the writ petition is allowed. No costs.