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2025 DAILYLAW 16014 (AP)

ANIMAL RESCUE ORGANISATION v. THE STATE OF ANDHRA PRADESH

WP(PIL)/82/2025 · 2025-04-23

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

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1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) A WEDNESDAY. THE TWENTY THIRD DAY OF APRIL [ TWO THOUSAND AND TWENTY FIVE As -O' 5 15 _ PRESENT Ta^ON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND TVhON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION (PIL) NO: 82 OF 2025 Between: 1. Animal Rescue Organisation, (Reg No 485 of 2009). Rep. by its Secretary Gopala Rao Surabathula, S/o S.S.R.K.Guruprasad Aged 47 years, R/o 8-19-1-C, Gandhinagar, Kakinada, Kakinada District - 533 004. aro4animal@gmail.com 2. Gopala Rao Surabathula., S/o S.S.R.K. Guruprasad Aged 47 years, R/o 8-19-1-C, Gandhinagar, Kakinada, Kakinada District - 533 004. gopalmurali9@gmail.com ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Chief Secretary. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings. Velagapudi, Amaravati, Guntur District. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary. Animal Husbandry Department, Secretariat Buildings, Velagapudi Amaravati Guntur District. 4. The Union of India, Rep. by its Deputy Secretary (Animal Welfare) Ministry of Environment Forest and Climate Change, 5th Floor, Vayu Wing. Indira Paryavaran Bhawan Jor Bagh Road, New Delhi -110 003 5. The Animal Welfare Board of India, Rep. by its Secretary. National Institute of Animal Welfare Campus, PO 42, KM Stone. Delhi-Agra Highway (NH-2), Seekri Village, Ballabhgarh, Faridabad - 121 004. 6. Andhra Pradesh Pollution Control Board, Rep. by its Member Secretary Kasturibaipet, Vijayawada. 7. Pithapuram Municipality, Pithapuram, Rep. by its Commissioner Kakinada District. 8. The Directorate of Animal Husbandry, Rep. by its Director, Labbipet Vijayawada - 520010 9. The District Collector, Kakinada District, Collectorate, Kakinada. The District Joint Collector, Kakinada District, Collectorate 10. Kakinada 11. The District Animal Husbandry Officer, Animal Husbandry Department, Kakinada District 12. Food Safety and Standards Authority of India (FSSAI), Rep. by its Flimagna Towers B Block, Saipuram Colony, Gollapudi - Andhra Pradesh State Animal Welfare Board, Rep. by its Director - Member Convener, Labbipet, Vijayawada, Andhra Pradesh - 520010. Superintendent of Police, Kakinada District, SP Office, Pithapurani Road, Bhanugudi Junction, Beside Rangarayya Medical College Kakinada District - 533003. . TFe Station House Officer, Pithapuram Town Police Station Kakinada District - 533450 13. 14. 15. ...Respondents India praying that in Petition under Article 226 of the Constitution of the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction with nature of WRIT OF MANDAMUS declaring the action of the permitting the setting up and permitting the continued functioning Slaughter house in Ward - I, Agraharam (Malapeta) Pithampuram more particularly in the Respondents in of the behind Court complex, unconstitutional as and close down the Kakinada District illegal. consequently direct the Respondent Authorities to forthwith slaughtering house and all other allied activities in Ward -1, Agraharam (Malapeta), behind Court complex, Pithampuram making it clear that Municipality cannot permit either Kakinada District while directly or implicitly slaughtering of the animals in violation of the Prevention of Animals to Cruelty Act, 1960, Andhra Pradesh Prohibition of Cows and Animals Act, V. 1977 , directions of the APPCB and rules made therein under and the letter of the spirit of the Judgments of the Honble Courts and direct the Respondent Authorities to prosecute the persons responsible running the slaughterhouse in Ward - I, Agraharam (Malapeta), behind Court complex, Pithampuram, Kakinada District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Authorities to forthwith close/seal this slaughter house situated in Ward - I, Agraharam (Malapeta), behind Court complex, Pithampuram, Kakinada District and seize all the material, cattle and seal the premises of the slaughter house. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 2 and 10 to submit a report to this Hon’ble court the activity taken up by these committees at State Level and district level for last two years. Counsel for the Petitioners: SRI K S MURTHY SENIOR COUNSEL FOR SRI K S MURTHY ASSOCIATES Counsel for the Respondents: GP FOR GENERAL ADMINISTRATION Counsel for the Respondents: M/s S. PRANATHI, SPL. G.P. Counsel for the Respondents: SMTSIREESHA RANI VALLABHANENI SC for MUNICIPALITIES Counsel for the Respondents: GP FOR ANIMAL HUSBANDRY The Court made the following order: APHC010207842025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-8 AT AMARAVATI 0ji«0 [3483] 0 WP{PIL) NO: 82 of 2025 Animal Rescue Organisation and another ...Petitioners Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioners Advocates for Respondents ; Mr. K. S. Murthy, Sr. Counsel : Mrs. S. Pranathi, Spl. Government Pleader Mrs. Sireesha Rani Vallabhaneni, Standing Counsel for Municipalities GP for Animal Husbandary CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 23th April 2025 PC: The issue that has been raised in the present petition is with regard to the illegal operation of the slaughter house within Ward-I, Agraharam (Malapeta) of Pithapuram Municipality. 2. Mr. K. S. Murthy, learned Senior Counsel appearing for the petitioner, has drawn our attention to communication, dated 17.08.2024, issued by the Andhra Pradesh Pollution Control Board, wherein it has been stated that the Municipal Authorities had not obtained the permission of the Pollution Control Board Authorities for operation of the slaughter house, which was being run contrary to the provisions of the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, and the Environment Protection Act, 1986, and was also unlicensed. \ 2 HCJ & RCJ W.P.{PIL) No.82 of 2025 Our attention has also been drawn to communication, dated 3. 18,02.2025, issued by the Collector, Kakinada District, wherein it had directed the Commissioner, Pithapuram Municipality, to take necessary action for closure of the illegal slaughter house. The Commissioner of the Pithapuram Municipality has appeared through the Virtual Mode before us and undertakes to immediately close it down. An affidavit be filed in this regard within two (2) days from today with Registry of this Court regarding the closure of the slaughter house. Liberty, however, is granted to the Municipal Authorities, Pithapuram, to apply for 4. proper permissions from the concerned authorities including the Pollution Control Board Authorities for running the slaughter house after completion of the requisite formalities in accordance with the relevant Rules and Regulations in force in regard thereto. In that view of the matter, no further directions are required to be 5. issued and is, accordingly, closed. Compliance be reported as ordered. No costs. Consequently, connected miscellaneous applications, if any, shall stand Sd/- K TATA RAO d^utyr^gistrar ' SECTION OFFICER //TRUE COPY// closed. To, 1. One CC to Sri K S Murthy Associates, Advocate [OPUC] 2. One CC to M/s Sireesha Vallabhaneni, SC for Municipalities [OPUC] 3. Two CCs to Special Government Pleader, High Court of Andh Pradesh. [OUT] 4. Two CCs to GP for General Administration, High Court of Andhra Pradesh. [OUT] ^ [^UT^*^^ Animal Husbandry, High Court of Andhra Pradesh. 6. Two CD Copies ra RAM I HIGH COURT DATED:23/04/2025 ORDER WP(PIL).No.82 of 2025 ^ 25 APR 2025 ^ ^ Current section ^ %^Loe8PATCt;^^ 69 CLOSING OF THE WP(PIL) WITHOUT COSTS