S NARAYANA Vs. MUNICIPAL CORPORATION OF HYDERABAD

JUDGEMENT

(1.) The Judgment of the Bench delivered by Alladi Kuppuswami, J.-These Six Writ Petitions and Writ Appeal No. 601 of 1979 have been heard together as they raise common questions for considerations.

(2.) During the second half of the year of 1979 there was an outbreak of a serious disease encephalitis commonly known as brain fever in various parts of the State of Andhra Pradesh including the twin cities. The victims of the disease were mainly children though adults also were subject to the ravages of this disease. It was found that there was no certain cure for this brain fever and many of those who were attacked by this disease succumbed to it within a very short time. The vaccine necessary for prevention of encephalitis also is not easily available in India and had to be imported from outside. The medical opinion which the Government obtained in regard to the causes of this out break was that this fever was caused by a particularly type of mosquito called 'Culex Vishnui which carried this virus responsible for this disease. The main vertebrate host for this disease, according to medical opinion, is the pig. Therefore steps were taken by the Municipalities in the State of Andhra Pradesh and the Corporation of the twin cities not only the eradicate the mosquitoses which were the carriers of this disease and the virus but also to see that the pigs which are the major verterbrate hosts do not stray in the streests and be responsible for the spreading of this disease. Notices were therefore issued by the Corporation and the Municipalities in most cases and on many occasions pigs found straying in the streets were seized and killed. Being aggrieved by such acts the owners of the pigs in some of the Municipalities and within the Corporation limits of the twin cities have filed these writ petitions questioning the power and authority of the Municipalities and the Corporation to seize or kill, the pigs or give directions for their removal beyond municipal limits either under the Municipalities Act or under the Hyderabad Municipal Corporation Act.

(3.) One of these writ petitions is writ petition No. 7701 of 1979 filed by the two petitioners who owned pigs in Markapur Municipality. They pray for an issue of a writ of mandamus directing the Commissioner, Markapur Municipality to forbear from destroying the pigs by shooting or otherwise pursuant to the notices dated 12th December, 1979 issued by him. This writ petition was dismissed by Amareswari, J. ( (Vide (1980) 2 A.W.R. 71) and Writ Appeal No. 601 of 1979 has been filed as against the said decision. The owners of pigs in the Corporation limits of Hyderabad have filed Writ Petitions Nos. 726 of 1979 and 642 of 1980. In Writ Petition No. 387 of 1980 the petitioners are the owners of pigs in Gudivada Municipality. Writ Petition No. 923 of 1980 relates to Rajahmundry Municipality, Writ Petition No. 355 of 1980 to Nizamabad Municipality and Writ Petition No. 470 of 1980 to Bodhan Municipality.