The Madras High Court Bench here has directed the president of Thalapathi Samuthiram Melur Panchayat in Tirunelveli district to initiate appropriate action under the Tamil Nadu Panchayats (Licensing of pigs and destruction of unlicensed or infected pigs) Rules 1996 against an individual who was reportedly running a pig farm without permission.
Allowing a public interest litigation petition filed by a local resident, a Division Bench of Justices S. Nagamuthu and M.V. Muralidaran found that the panchayat had granted licence only for the building and not for rearing pigs.
Hence, they ordered action against the individual concerned under Rules 3 to 9 of the statutory rules framed in 1996.
Rule 3 states that every panchayat, if so directed by the Collector, should publish a notice in the district gazette that unlicensed or infected pigs straying within the panchayat limits would be destroyed after a specific date and Rule 4 states that every owner or custodian of a pig should take licence badges from the panchayat on payment of half yearly fee of Rs.5 per pig.
The badges should be fixed to any of the ears of the pigs for the purpose of inspection and verification by the executive authority of the panchayat.
Rule 6 states that any pig found straying in a public place within the limits of the panchayat, without a licence badge, shall be seized by any person authorised by the executive authority.
The next two consecutive rules provide for releasing the seized pigs on payment of licence fee, penalty and detention charges or sell them in a public auction if the names and addresses of the owners could not be found out. Rule 9 provides for seizure and destruction of pigs during the outbreak of encephalitis.
It empowers the Collector to seize, detain, destruct and dispose pigs irrespective of the fact as to whether they were licensed or not if there was an outbreak of encephalitis or any other disease for the spreading of which pigs were considered the carriers of the deceased and holds that in such cases, the owners could not claim any right over the pigs.
