MOHAMED SHERIFF Vs. CHICKMAGALUR TOWN MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioner before us is a beet butcher of Chickmagalur town. On December 21, 1964 his Advocate addressed a letter to the President of the Town Municipal Council, Chikmagalur, calling upon the Municipal Council to issue a licence to him to slaughter cattle and to sell beef subject to such reasonable directions as the Municipal council may impose. The Municipal Council informed the Advocate that since rules and bye-laws have yet to be framed and sanctioned by the Government with respect to grant of licences for the slaughter of cattle, and the sale of beef, the question of granting a licence could be considered only after those rules and bye-laws were framed and approved by Government. On February 26, 1965 the petitioner was further informed by the Municipal Council that the Council had resolved in their meeting conducted on February 19, 1965 that a licence to slaughter bullocks, bulls and buffaloes in Chikmagalur town could not be issued.

(2.) It is in this situation that the petitioner asks us to issue a writ of mandamus to the Municipal Council and its Chief Officer who are the respondents before us that they should take immediate steps to provide a slaughter house for the slaughter of animals defined by Section 2 of the Mysore Prevention of Cow Slaughter and Cattle Preservation Act, 1964. He also asks us to quash the resolution of the Municipal Council passed on February 19, 1965.

(3.) The Mysore Prevention of Cow Slaughter and Cattle Preservation Act, 1964 came into force on August 14, 1964. Section 4 prohibits the slaughter of a cow or a calf of a she-buffalo. Section 5 prohibits the slaughter of the animals referred to in it without a certificate from the competent authority. Section 7 states that no animal in respect of which a certificate is granted by the competent authority shall be slaughtered in any place other than a place specified by the authority or officer appointed by the State Government in that behalf. Section 3 provides for the appointment of a competent authority, whose certificate is necessary under Section 5, by the State Government. Section 19 authorises the State Government to make rales among other matters in regard to the powers and duties of the competent authority, the form of the certificate to be issued under Section 5 and the like.