BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18/10/2010 CORAM THE HONOURABLE MrS.JUSTICE R.BANUMATHI AND THE HONOURABLE Mr.JUSTICE S.NAGAMUTHU W.P.(MD)No.10417 of 2010 W.P.(MD)No.11648 of 2010 and W.P.(MD)No.11684 of 2010 and M.P.Nos.1 and 2 of 2010 in W.P.No.11648 of 2010 W.P.(MD) No.10417/2010 Madurai Sungamapalli Pothu Jamath Welfare Association (Regn No.143/2009), rep. by its Secretary, No.31-32, Vetrilaipettai, Keelaveli Veethi, Madurai-1. ... Petitioner vs The Commissioner, Corporation of Madurai, Aringar Anna Maligai, Madurai. ... Respondent.
W.P.(MD) No.11648/2010
M.Abdul Khader. … Petitioner.
vs
1. The Commissioner,
Madurai Corporation,
Madurai.
2. The Commissioner of Police,
Madurai City,
Madurai.
3. The Inspector of Police, V-1, Vilakuthoon Police Station, Madurai. ... Respondents. W.P.(MD) No.11684/2010 Madurai City Mutton Retail Sellers Association, rep. by its President N.Muthuramalinga thevar, A/9, Thullukkar Pookkara Lane, East Masi steet, Madurai-1. ... Petitioner. vs The Commissioner, Madurai Corporation, Madurai. ... Respondent. PRAYER
(i) Writ Petition No.10417/2010 filed under Article 226 of Constitution of India
praying to issue Writ of Mandamus or any other appropriate Writ or order or
direction in the nature of Writ forbearing the Respondent from in any way
closing the slaughter house for goats/sheeps now situated at Quaid-Millath
Nagar, Nelpettai, Madurai-1 and consequently to direct the Respondent to retain
the slaughter house for goats/sheeps with existing system of slaughter of goats
by Halal method in the existing place; (ii) Writ Petition No.11648/2001 filed
under Article 226 of Constitution of India praying to issue Writ of Mandamus
forbearing the Respondent from allowing the illegal slaughtering of cattle in
Khaide Milleth Nagar 1st street, Attumanthaipottal, Madurai City to take
preventive action against the illegal slaughtering of cattle in the said
premises in accordance with law and (iii) Writ Petition No.11684/2001 filed
under Article 226 of Constitution of India praying to issue Writ of Mandamus
directing the Respondent to permit the members of Petitioner Association to
proceed with slaughtering at Kaitheymillath Nagar, Ward No.48 of Madurai.
!For Petitioner in
W.P.No.10417/2010 … Mr.M.Ajmal Khan
For Petitioner in
W.P.No.11648/2010 … Mr.Veera Kathiravan
For Petitioner in
W.P.No.11684/2010 … Mr.M.Suresh Kumar
^For Respondents in
in all W.Ps. … Mr.Ravishankar
:COMMON ORDER
(Order of the Court was made by R.BANUMATHI,J)
W.P.Nos.10417/2010 and 11684/2010 have been filed by the Petitioners’
Association seeking Writ of Mandamus forbearing the Respondent Corporation from
in any way closing the slaughter house for goats/sheeps situated at Quaid-
Millath Nagar, Nelpettai, Madurai-1 and consequently, direct the Respondent
Corporation to retain the slaughter house for goats/sheeps with the existing
system of slaughtering of goats by ‘Halal’ method.
2. W.P.No.11648/2010 has been filed by the Petitioner seeking Writ of
Mandamus forbearing the Respondent Corporation from allowing illegal
slaughtering of cattle in Quaid-Millath Nagar, 1st street, Attumanthaipottal,
Madurai City in Ward No.48 and also direct the Respondent Corporation to take
preventive action against the illegal slaughtering of cattle in the said
premises.
3. In W.P.Nos.10417 and 11684/2010, case of Petitioners is that Respondent
Corporation established a slaughter house for goats/sheeps at Ward No.48, Quaid
Millath Nagar, Nelpettai, Madurai about 180 years back and that the licence for
slaughtering of goats/sheeps has been given to Madurai City Mutton Stall
Retailers Association for the past 49 years and that the said Association
engages Hazazraths [Muslim Religious Teachers] for slaughtering of goats/sheeps
by ‘Halal’. Further case of Petitioners is that as per Sec.371 of Madurai City
Municipal Corporation Act, 1971, it is the duty of the Corporation to provide
sufficient number of slaughter houses for slaughtering goats/sheeps within the
city limit. Respondent Corporation has constructed a modern slaughter house at
Chinnaanuppanadi, outside the city limit and if the slaughter house is shifted
to the modern slaughter house for slaughtering of goats/sheeps without following
‘Halal’, mechanical devises would be used. Earlier, Petitioner-Madurai
Sungampalli Pothu Jamath Welfare Association has filed W.P.(MD) No.2474/2010 and
the said Writ Petition was disposed of by an order dated 02.03.2010 directing
the Respondent Corporation to consider the representation of the Petitioner. On
02.03.2010, Respondent Corporation took the Town Khazi and the Office bearers of
the Petitioners’ Association to modern slaughter house constructed at
Chinnaanuppanadi where goats/sheeps were given electric shock and thereafter, it
was cut by the moden machines on pronouncing of “Bismillahi Allahu Akbar”
without following ‘Halal’ method. According to the Petitioner Association, they
have right to freedom of religion as guaranteed under Article 25 of Constitution
of India and that they have right to practise ‘Halal’ method and alleging that
the Respondent Corporation is trying to close down the existing slaughter house
at Nelpettai, Petitioners Association have filed the Writ Petition forbearing
the Respondent Corporation from in any way closing the slaughter house for
goats/sheeps situated at Quaid-Millath Nagar, Nelpettai, Madurai-1.
4. W.P.No.11648/2010 has been filed by the President of Ward No.48 seeking
for Writ of Mandamus forbearing the Respondent Corporation from allowing the
illegal slaughtering at Quaid Millath Nagar 1st street and direct the Respondent
Corporation and the Police to take preventive action against slaughtering of
cattle in Ward No.48.
5. Case of Petitioner is that slaughtering of goats/sheeps in the
slaughter house in Ward No.48 poses health hazards. According to the Petitioner,
even though, the modern slaughter house was opened by the Corporation in
Aanuppanadi, some of the mutton vendors have not shifted to the new slaughter
house and creating health hazards to the residents of Quaid-Millath Nagar.
According to the Petitioner [WP.No.11648/2010], continuance of slaughter house
in Ward No.48 in Quaid-Millath Nagar is illegal and the Respondent Corporation
is duty bound to prevent the slaughtering of cattle in Ward No.48 of Madurai
Corporation and seeks for a direction forbearing the Respondent Corporation from
allowing illegal slaughtering of cattle in Ward No.48, Quaid-Millath Nagar.
6. We have heard Mr.M.Ajmal Khan, learned counsel for Petitioner in
W.P.No.10417/2010 and Mr.Veera Kathiravan, learned counsel for Petitioner in
W.P.No.11648/2010 and Mr.M.Suresh Kumar, learned counsel for Petitioner in
W.P.No.1684/2010. We have also heard Mr.Ravishankar, learned counsel appearing
for the Corporation.
7. Mr.Ajmal Khan, learned counsel for Petitioner [W.P.No.10417/2010] has
submitted that as per Sec.371 of Madurai City Municipal Corporation Act, it is
the duty of the Respondent Corporation to provide sufficient number of slaughter
house for slaughtering of goats/sheeps within the city limit and in furtherance
of statutory mandate as required under Sec.374 of the Act, the Respondent
Corporation is to be directed to retain the slaughter house at Quaid-Millath
Nagar, Nelpettai as of now. Learned counsel would further submit that in the
existing slaughter house in Quaid-Millath Nagar, goats/sheeps are slaughtered
following ‘Halal’ method.
8. Sec.371 of Madurai City Municipal Corporation Act, 1972 read as under:-
Sec.371. Provision of Corporation Slaughter-houses.- (1) The council shall
provide a sufficient number of places for use as municipal slaughter-houses
within the city and the commissioner may charge and levy such rents and fees for
their use as the standing committee may determine. Such rents and fees shall be
recoverable in the same manner as the property tax.
(2) The commissioner may farm out the collection of such rents and fees for any
period not exceeding three years at a time on such terms and conditions as he
may think fit.
9. Insofar as the first contention, even though, as per Sec.371 of the
Act, Respondent Corporation is to provide sufficient number of places for use as
municipal slaughter houses within the city, it is the prerogative of the
Corporation to have the slaughter houses. It is for the Respondent Corporation
to establish the slaughter houses in a particular place taking into
consideration relevant factors. The views of the Local Authority cannot be
substituted by the views of the Court. No positive mandamus could be issued to
the Respondent Corporation either to establish slaughter house in a particular
place or to retain any slaughter house.
10. Admittedly, Respondent Corporation has established a modern slaughter
house in Aanuppanadi. The grievance of the Petitioners’ Association is that in
the modern slaughter house, in the slaughtering process goats/sheeps were given
electric shock and stunt and thereafter cut by modern machines on pronouncement
of “Bismillahi Allahu Akbar” as mandated by Quran. According to the Petitioners’
Association that the goats/sheeps almost die with the electric shock and as such
slaughtering of goats/sheeps being done without following ‘Halal’ method and
muslim clergies including Madurai Town Khazi denounced the said practice of
slaughtering of goats as it is against the law and therefore, there is
necessity to retain their present slaughter house at Madurai so as to enable
the muslims to cut the goats/sheeps using ‘Halal’ method.
11. Insofar as the contention as to the process of slaughtering in the
slaughter house at Anuppanadi, the learned counsel for Respondent Corporation
would submit that in the modern slaughter house, the Petitioners are permitted
to follow “Halal’ method and that they are at liberty to bring their own people
and to that effect resolution was also passed by the Corporation. Learned
counsel for the Respondent Corporation has drawn our attention to the Circular
[e/f/vz;/3016-2001-ke?2 ehs; 27/08/2010] of the Corporation which read as
under:-
@ ghh;itapy; fz;Ls;sgo ,k;khefuhl;rp eph;thfj;jpd; rhh;gpy; khefh;ey mYtyh;.
fhty; Jiwapd; rhh;gpy; TLjy; fz;fhzpg;ghsh;. kJiu mth;fs; Kd;dpiyapy; jkpH;ehL
K!;yPk; Kd;ndw;w fHf khtl;l eph;thfpfspd; mkh;t[ Tl;lk; 27/8/2010 eilbgw;wjpy;
khefuhl;rp rhh;gpy; g[jpjhf bray;gl bjhl’;fpa[s;s mDg;ghdo etPd Mltij
bra;a[kplj;jpy; cwyhy; Kiwapy; Mltij bra;a jPh;khdpf;fg;gl;lJ/
vdnt mjd; mog;gilapy; ,k;khfuhl;rpapd; fPH; g[jpjhf Muk;gpf;fg;gl;l
mDg;ghdo etPd MLtij bra;a[kplj;jpy; cwyhy; Kiwapy; MLtij bra;tjw;F mDkjpj;J
cj;jutplg;gLfpwJ/@
In the above said Circular, it is made clear that in the modern slaughter house
at Anuppanadi, slaughtering by ‘Halal’ has been permitted and the Petitioners
are also permitted to bring their own people for ‘Halal’. In view of the above
said Circular, the contention of the Petitioners’ Association that the new
slaughter house is not in accordance with law does not merit acceptance.
12. Learned counsel for Respondent Corporation would submit that Ward
No.48, Quaid Millath Nagar is situated in the midst of residential area and
retention of slaughter house in Ward No.48 would pose health hazards. It was
also submitted that in the place of slaughter house in Ward No.48, Quaid Millath
Nagar, a resolution has been passed to construct a hospital which would useful
for the public in the locality. In this regard, the learned counsel for
Respondent Corporation has drawn our attention to the resolution dated
27.12.2007 which read as under:-
@k/bgh/5/42746-07 ? kJiu khefh; thh;L vz;/48y; fhapnj kpy;yj; efh; 1tJ bjUtpy;
mike;Js;s MLtij bra;a[kplk; khefh; kj;jpapy; FoapUg;g[ gFjpapy; mike;jpUg;gjhy;
bghJkf;fspd; Rfhjhuj;jpw;F kpft[k; nfL tpistpf;f Toa mghak; ,Ug;gjhYk;. itif ejp
mUnf mike;Js;sjhy; ejp ePh; khRglf; TLk; vd;gij fUjp MLtij bra;a[kplj;ij
bghJkf;fspd; Rfhjhuj;ija[k; Rw;Wg;g[w NH;epiyiaa[k; ghjpf;fhj tifapy; thh;L
vz;/52y; mike;Js;s mDg;ghdo gFjpf;F khw;wk; bra;tjw;F murpd; xg;g[jnyhL eltof;if
vLf;fg;gl;L eilbgw;W tUfpwJ/ vdnt fhapnj kpy;yj; efh; 1tJ bjUtpy; mike;Js;s
MLtij bra;a[kplj;ij khw;W ,lj;jpy; bray;ghl;ow;F bfhz;L tUk; gl;rj;jpy; c&
,lj;jpy; bghJkf;fspd; eyDf;fhf 24 kzpneuKk; midj;J tif trjpfSl;d Toa etPd
kUj;Jtkid fl;Lk;go rk;ge;jg;gl;l thh;L khkd;w cWg;gpduhy; nfhhpf;if
vGg;gg;gl;Ls;sJ/ ,f; nfhhpf;ifia Vw;W c& ,lj;jpy; 24 kzpneu khefuhl;rp kUj;Jtkid
fl;Ltjw;F khkd;wj;jpd; xg;g[jiyf; nfhUk; Mizahsh; mth;fspd; Fwpg;g[/ @
When the Respondent Corporation has proposed to use the place for the benefit of
the public at large, Petitioners’ Association cannot insist for retaining the
slaughter house at Nelpettai, Ward No.48. Petitioners’ Association have no legal
right to insist for retaining the slaughter house at Quaid-Millath Nagar,
Nelpettai, the Writ Petitions filed by the Petitioners’ Associations are liable
to be dismissed.
13. In the result, W.P.No.11648/2010 is allowed. W.P.Nos.10417 and
11684/2010 are dismissed. Consequently, connected M.Ps. are closed. No costs.
bbr
To
The Commissioner,
Madurai Corporation,
Madurai.