Writ petition challenging circular restricting Japanese Quail farming disposed of by the Madras High Court observing that the species was subsequently de-listed from Schedule IV of the Wildlife Protection Act, rendering further adjudication unnecessary.
The Writ Petition stands disposed of without costs; connected petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD).No.10873 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.10873 of 2012 and
M.P.(MD)Nos.2 & 3 of 2012
R.Kamaraj
... Petitioner
Vs.
... Respondents
W.P.(MD).No.10873 of 2012
PRAYER :
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the communication of the first respondent in F.No.3-3/2011/WL-1 dated 22.09.2011 and quash the same and consequently, forbearing the first respondent and anybody claiming under the impugned communication in F.No.3-3/2011/WL-1, dated 22.09.2011 from interfering with the business of the petitioner to continue with the business of Japanese Quail Farming-production, rearing and marketing of Japanese Quails.
For Petitioner : Mr.S.Anwar Sameem
For respondents : Mr.L.Victoria Gowri Assistant Solicitor General of India
O R D E R
The present writ petition has been filed challenging a circular
issued by the first respondent herein under which a direction was issued to the state Governments and Union Territories not to issue any new license for farming of Japanese Quails and also not to give any permission for expansion or augmentation of the existing farming facilities.
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To
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R.VIJAYAKUMAR ,J.
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Order made in W.P.(MD).No.10873 of 2012
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3 issues framed by the court
Whether the court needed to adjudicate on a communication ceasing to have effect due to subsequent delisting of the species.
Whether the petition challenging restrictions on farming Japanese Quails should be disposed of based on the delisting notification.
Whether the petitioner seeking permission for Japanese Quail farming warrants the continuance of the writ petition post-delisting.
R.Kamaraj
The Secretary, Government of India, Ministry of Enviornment & Forest, (Wildlife Division)
Indian Council of Agricultural Research (ICAR)
The Central Avian Research Institution (CARI)
The Principal Chief Conservator of Forest & Chief Wild Life Warden
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
