Dismissed

C.Amjadh Baba, v. State of Kerala

Kerala HC16 Dec 2022WA/1609/2022

Case brief

AI extract

What is this about?

In this writ appeal, the bench affirmed the High Court of Kerala judgment dismissing a petition challenging a ban on pig movement due to African Swine Fever. The Court held that restricting pig movement was a valid policy decision in larger public interest.

What did the court decide?

The writ appeal was dismissed, upholding the ban on movement of pigs as a valid policy decision in larger public interest.

C.Amjadh Baba, Vs State of Kerala — Writ and Judicial Review | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 16^TH DAY OF DECEMBER 2022 / 25TH AGRAHAYANA, 1944 WA NO. 1609 OF 2022

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AGAINST THE JUDGMENT WP(C) 32261/2022 OF HIGH COURT OF KERALA 12.10.2022

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APPELLANTS/PETITIONERS:

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1C.AMJADH BABA,
AGED 38 YEARS, S/O, MR V.K.S. CHELLAPPA 127,
SANTHANA MARIAMMAN KOVIL STREET,
PIRANOOR VALLAM POST, SHENCOTTAH TALUK
TENKASI DISTRICT, TAMILNADU-627809.
MOB-9842602555

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2MR. KALLAPPAN,
S/O.MR. KANAGAMANI, RAMANATHAPURAM,
VASUDEVANALLUR 3/151,
VINAYAGAR KOVIL STREET,
TENKASI-627760, TAMILNADU.
MOB-9865991428,

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3MR M. MUTHURAJ,
S/O MR MURUGESAN, NO: 196
NORTH NEW STREET, URMELAZHAGIAN,
TENKASI, TAMILNADU-627852.
MOB-9788157238.

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4 MR V. GANESAN, S/O. MR VELLAIYARETTIYAR , 2/52, BHARATHI NAGAR, RENKATCHIPATTI KARUR, TAMILNADU-639110., MOB-9843155811

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5 MR. R. MOHAN, S/O, MR RAJAGOPAL 6/7, NEW STREET LANE, EAST ANDAR STREET, THIRUCHIRAPPALLI, TAMILNADU-620002, MOB-9944471758.

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BY ADVS.
C.VIVEK
SREEKALA KRISHNADAS
ASHLY JAMES
APARNA NAIR
RENJINI RAMESHAN

W.A.1609/2022

RESPONDENT:

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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BY ADVS.
MR.TEK CHAND, SENIOR GOVERNMENT PLEADER(B/O)

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
16.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

W.A.1609/2022

J U D G M E N T

Dated this the 16^th day of December, 2022

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S. Manikumar, CJ.

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Instant writ appeal is filed by the petitioners in W.P(C).No.32261 of 2022, challenging the judgment dated 12.10.2022, by which the learned Single Judge declined the reliefs sought for in the writ petition.

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Before the writ court, petitioner has sought for the following reliefs:

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“i) to call for the entire records leading to the issue of Exhibit P4 and may be pleased to quash the same as the same are not valid and unconstitutional;

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ii) To exempt the petitioners from producing English translation of the documents produced along with the Writ Petition”

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Short facts leading to filing of the writ petition are as under:

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Petitioners are running livestock business. They are conducting piggery in various places in Tamil Nadu. They are supplying pigs for pork. They supply piglets to various farmers in Kerala as well. Now

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the petitioners are being restricted by the second respondent from

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W.A.1609/2022

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bringing the Pigs from Tamil Nadu to Kerala by Exhibit P4. African Swine Flu is affecting on the genus Sus Scrofa in which domesticated pigs and wild pigs are coming under. There is no restriction for wild pigs which are rampant in all places of Kerala. Soft tics (birds) are its carrier. The same also cannot be restricted. Therefore, the attempts against domesticated pigs is unreasonable. Therefore, this petition is filed.

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Before the writ Court, affidavit has been filed by the Under Secretary, Animal Husbandry Department, Thiruvananthapuram/ respondent in the case, which is reproduced:

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“2. It is submitted that the African Swine Fever is highly contagious viral disease affecting both domestic and wild pigs. Department of Animal Husbandry and Dairying, Government of India has issued "National Action Plan for control, containment and eradication of African Swine Fever" and the control and containment operations aimed at eradication of African Swine Fever (ASF) are done following the ‘National Action Plan' in accordance with the Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009 (Central Act No.27 of 2009).

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It 1s submitted that with the prior approval of the Central Government, the State of Kerala has issued notification for the Kerala Prevention and Control of Infectious and Contagious Diseases in Animals (Check Post and Quarantine Camp, Manner of Inspection) Rules, 2014 vide G.O(P) No.221/2014/AD dated 01.10.2014, Thiruvananthapuram. Whenever a scheduled

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W.A.1609/2022

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disease is confirmed, the State is authorized to issue notifications based on the Act.

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While so, following outbreak of African Swine Fever (ASF) in the North Eastern States of India and Bihar, as a precautionary measure to prevent the incursion of the ASF virus from other States into Kerala, Government of Kerala, vide G.O(P)No. 7/2022/AHD dated 14.07.2022, had declared the geographical area under the State of Kerala as ‘Controlled Area' in respect of the Scheduled Disease African Swine Fever (ASF) affecting pigs and it was ordered that no pig, pig meat, pig products or pig manure (including pig exereta) shall be brought into or taken out of the State of Kerala (Controlled Area') for a period of 30 days from 14.07.2021, the date of notification.

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It is pertinent to mention here that African Swine Fever has never been reported earlier in Kerala and hence the Government wanted to ensure that the State remained disease free. Bio security measures and strict measures with regard to the ban enforced were set in place especially at the check posts.

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It is submitted that in the month of July, unusual mortality was seen in pigs in few farms in Wayanad, Kannur and Thrissur District, and clinical samples were sent to the National Institute of High Security Animals Diseases, (NIHSAD) at Bhopal for investigation and NIHSAD have confirmed the presence of ASF virus in those pig samples. Following which, the Government of Kerala had declared the infected premises of African Swine Fever (ASF) and control and containment operations in line with the 'National Action Plan' were set into motion.

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It is submitted that owing to the outbreak of ASF in Kerala, the Government of Kerala, extended the ban imposed on movement of pig, pig meat, pig products or pig manure

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W.A.1609/2022

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(including pig excreta) into and out of the State of Kerala (Controlled Area"), for a further period of 30 days from 14.08.2022 and for another 30 days from 16^th September 2022 (date of notification) vide G.O(P) No.8/2022/AHD and G.O(P)No.9/2022/AHD respectively.

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It is submitted that Humane culling of all domestic pigs were carried out in the "infected zone" (0-1 km radius around the epicenter) following the National Action Plan'. (Epicenter is the location or premises where the outbreak was reported). Movement restrictions were enforced within the infected zone. A surveillance zone (1-10 km radius around the infected zone) is marked and strict surveillance was conducted there. Surveillance throughout the State has been intensified and under the National Action Plan for control, containment and eradication of African Swine Fever was followed by all the stakeholders concerned. The disease has now spread to the districts of Palakkad, Thrissur, Idukki, Kottayam and Thiruvananthapuram. Government of Kerala, extended the ban imposed on movement of pig. pig meat, pig products or pig manure (including Pig excreta) into and out of the State Kerala (Controlled Area'), till 16^th January 2023 vide G.O(P)No. 10/2022/AHD dated 22^nd October 2022.

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It is submitted that Formite transmission (Formite transmission refers to transmission of infection disease by germs left on objects) is the main source infection. Swill feeding which may be contaminated by the infected materials can act as source of infection. Strict enforcement of bio security measures is needed to prevent spread of infection and the ban on the movement of pig, pig products, pig meat, pig manure (pig excreta) into and out of the State was imposed for

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W.A.1609/2022

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this purpose and this has to be continued. As a part of implementation of the ban, surveillance has been intensified. 10. It is submitted that a truck load of live pigs which were illegally transported from Tamil Nadu was confiscated at the Toll Plaza gate, Palakkad three weeks back and action has been initiated regarding this matter.

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It is submitted that National Institute of High Security Animal Diseases, Bhopal is the only authorized laboratory to test samples for ASF virus detection and Southern Regional Disease Diagnostic Laboratory, Banglore is authorized to test samples from the district where outbreak has already been confirmed by NIHSAD Bhopal. At present there is no reported case of ASF in wild pigs in Kerala.

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It is submitted that National Action Plan - Chapter 5.1.3 Bio-containment -Item 9 - states to “Strengthen border vigilance activities such as strict enforcement of bio-security and guaranteeing all entry points into the country/State." Ban on the movement of pig. Pig products, pig meat, pig manure (pig excreta) into and out of the state was imposed for this purpose. Under the circumstances, this Hon'ble Court may find that the measures have been taken by Government taking into account the larger public interest and safety. The ban is a crucial step aimed at prevention and control so as to, limit the damage resulting from ASF outbreak.”

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Writ court, vide judgment dated 12.10.2022, in

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W.P(C).No.32261 of 2022, dismissed the writ petition. The said judgment is reproduced:

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“The Government issued Ext.P4 notification prohibiting transportation of pigs from other States to

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W.A.1609/2022

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Kerala. The notification was issued on detecting African Swine flu virus in some pigs in the State. Although the spread of swine flu could be brought under control after prohibiting import of pigs from other States, the virus disease is not eradicated.

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Learned Counsel for the petitioner submitted that the swine flu being rampant even among wild boars, prohibiting import of pigs from other States, is not a solution.

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I am of the considered opinion that this Court should not interfere with the policy decisions of the Government, taken in larger public interest and such matters should be left to the Government's discretion and wisdom.

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Hence, in spite of the strenuous arguments advanced by the learned Counsel for the petitioner, I am not inclined to grant the relief sought. The writ petition is accordingly dismissed.”

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Being aggrieved, instant writ appeal is filed.

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We have heard Mr. Alex M. Scaria, learned counsel for the appellants and Mr. V. Tekchand, learned Senior Government Pleader for respondent and perused the pleadings and material on record.

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The ban on the movement of pig, pig meat, pig products and pig manure, as per the provisions of the Prevention and Control of Infectious and Contagious Diseases in Animal Act, 2009, is a decision taken in larger public interest. As rightly pointed out by

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W.A.1609/2022

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the learned Single Judge, these are policy decisions of the Government. Writ court has considered the rival submissions, notifications issued and passed a well considered judgment. We find no error or infirmity in the judgment of learned Single Judge, warranting interference. Accordingly, writ appeal is dismissed.

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Sd/S. Manikumar, Chief Justice

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Sd/Shaji P. Chaly, Judge

sou.

W.A.1609/2022

APPENDIX OF WA 1609/2022

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PETITIONER ANNEXURES
Annexure A1TRUE COPY OF THE NOTIFICATION DATED
22/10/2022 BEARING NO. G.O.(P) NO.
10/2022/AHD ISSUED BY THE RESPONDENT.

C.Amjadh Baba, v. State of Kerala

Case brief

What is this about?

What did the court decide?

C.Amjadh Baba, v. State of Kerala

Case brief

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What did the court decide?

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