PEOPLE FOR CATTLE IN INDIA AND ANR v. THE STATE OF ASSAM AND ORS.
I.A.(Civil)/39/2025 · 2025-02-17
Manish Choudhury
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5395 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5395 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010188122022
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/39/2025 PEOPLE FOR CATTLE IN INDIA AND ANR ARUN PRASANNA G FOUNDER AND MANAGING TRUSTEE OF THE TRUST AGED ABOUT 31 YEARS RESIDENT OF NO. 8/22 RAGAVIYAH ROAD T NAGAR CHENNAI 600017 2: ARUN PRASANNA G S/O GANESAN RESIDENT OF NO. 8/22 RAGAVIYAH ROAD T NAGAR CHENNAI 600017 VERSUS THE STATE OF ASSAM AND ORS.
REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI- 781037.
2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND THE HEAD OF FORESTS FORCE ASSAM PANJABARI GUWAHATI-781037 3:THE CHIEF WILDLIFE WARDEN ASSAM ARANYA BHAWAN GUWAHATI- 781037.
Page No.# 2/4 4:THE UNION OF INDIA MINISTRY OF ENVIRONMENT FORESTS AND CLIMATE CHANGE (PROJECT ELEPHANT DIVISION) INDIRA PARYAVARAN BHAWAN JOR BAGH ROAD ALIGANJ NEW DELHI- 110003.
5:THE CHIEF SECRETARY TO THE GOVERNMENT OF TAMIL NADU SECRETARIAT CHENNAI- 600009.
6:THE ADDL. CHIEF SECRETARY TO THE GOVERNMENT OF TAMIL NADU SECRETARIAT CHENNAI- 600009.
7:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND THE HEAD OF FORESTS FORCE TAMIL NADU CHENNAI- 600015.
8:THE CHIEF WILDLIFE WARDEN TAMIL NADU CHENNAI- 600015.
9:THE DIRECTOR GENERAL OF POLICE TAMIL NADU CHENNAI- 600004.
10:GIRIN MORAN S/O- LATE KANDURA MORAN R/O- UPAR KACHIJAN VILLAGE KACHIJAN CHARIALI POST P.S.- KAKAPATHAR DISTRICT- TINSUKIA ASSAM.
11:PEOPLE FOR THE ETHICAL TREATMENT OF ANIMAL (PETA) INDIA INDIA F-110 1ST FLOOR JAGDAMBA TOWER PLOT NO. 13 COMMUNITY CENTRE PREET VIHAR NEW DELHI- 110092. ------------
Page No.# 3/4 Advocate for : MR. P MAHANTA Advocate for : SC FOREST appearing for THE STATE OF ASSAM AND ORS.
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER Date : 18.02.2025 Heard Mr. P. Mahanta, learned counsel for the applicant; Ms. R. Barua,
learned counsel for the opposite party nos. 1, 2 & 3-writ petitioners; Mr. P.K. Tiwari, learned Senior Counsel assisted by Mr. U. Pathak, learned counsel for the opposite party nos. 5, 6, 7, 8 & 9; and Mr. D.J. Das, learned counsel for the opposite party no. 11.
2. The instant interlocutory application is preferred by the applicant seeking its impleadment as party-respondent no. 9 in the accompanying writ petition, W.P.[C] no. 6107/2022.
3. Mr. Mahanta, learned counsel for the applicant has submitted that the applicant is a Chennai based registered Trust, who is involved in activities of animal welfare including prevention of cruelty to animals. The accompanying writ petition is preferred as regards an elephant named Joymala/Jeymalyatha, which is presently in Tamil Nadu after being transferred from the State of Assam in the year 2011. The accompanying writ petition has been preferred seeking inter alia transfer of the said elephant to the State of Assam from the State of Tamil Nadu. As the applicant Trust has been involved in the subject-matter for a long time and is concerned with the said elephant’s wellbeing, it has sought its impleadment as a party-respondent in the accompanying writ petition for better and effective adjudication of the issues involved in the writ petition.
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4. Ms. Barua, learned counsel for the opposite party nos. 1, 2 & 3-writ petitioners has submitted that the opposite parties-writ petitioners have no objection in case the instant interlocutory application is allowed.
5. I have gone through the statements and averments made in the said interlocutory application and has found that the applicant Trust has undertaken some works with regard to the matter of wellbeing of the elephant under reference. Its impleadment in the writ petition as a party-respondent appears necessary for an effective adjudication of the issues involved. In such view of the matter, the instant interlocutory application is allowed.
6. The learned counsel for the opposite party nos. 1, 2 & 3 - writ petitioners shall file an amended cause-title in terms of the Notification no. 79 dated 19.06.2023 by 26.02.2025 before the Registry and on submission of the amended Cause-Title, the Registry shall do the necessary corrections in the Cause-Title of the writ petition as well as in the CIS and thereafter, list the case on 27.02.2025.
JUDGE Comparing Assistant