I R COELHO Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) : In this batch of five cases, there are four writ petitions, W.P.Nos.4960 to 4963 of 1978 wherein the petitioners seek writs of mandamus restraining the Tamil Nadu from enforcing the provisions of the Wildlife (Protection) Act (hereinafter referred to as "the Act") and the Wildlife (Protection) Tamil Nadu) (hereinafter referred to as "the Rules"). In the fifth writ petition, W.P.No.10603 petitioner seeks for a writ of declaration, declaring the Act and the Rules to be ultra void in the absence of provisions therein for the safety of life and property of against wild animals. In substance, the petitioners attack the constitutional vires and the Rules. The petitioners are owners of lands in hilly areas.

(2.) THE points of attack are manifold and they may be summed up as follows:

(3.) NOW let us take up the first point of attack, namely, violation of Art.19(1)(f) of Constitution of India as it stood prior to its deletion by 44th Amendment. The said Article reads as follows: