THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No. 20943 OF 2010 ORDER: This writ petition has been instituted seeking a Writ of Mandamus to declare the action of the respondents in non-booking the indent and non providing four 18 tons V.P.U/V.P.H. containers for transportation of cattle from Secunderabad to New Jalpaigudi junction as bad in law. The writ petitioner submits that he has filed an application for making available four 18 tons V.P.U/V.P.H. containers for the purpose of transportation of live stock animals from Secunderabad Railway Station to New Jalpaigudi junction. But, however, the respondents have been unjustly not picking the consignment by making available the wagons. The learned counsel for the respondent – Railways Sri V.H.R.Chowdhary, upon receipt of instructions, has placed before me Railway Board’s Circular No.2001/TT- III/52/1, dated 28.10.2004 on the subject matter of transportation of livestock of animals by Indian Railways. Through this Circular dated 28.10.2004, earlier circular issued by the Railways on 14.7.1994 has been substituted. The Ministry of Railways has been provided with certain clarifications by the Chairman, Animal Welfare Board of India on the subject matter regarding transportation of livestock by the Indian Railways by freight therein. In view of the advice tendered, the Zonal Railways were directed to comply with the following conditions: 1. The consignor is also required to obtain a certificate from the District Magistrate or an authorized Government official granting clearance to the movement of the cattle from the State to another destination. 2. Conditions stipulated in Transport of Animals, Rules 1978 circulated vide Board’s letter No. TCR/2211/2000/12 DATED 15.11.2000 AND transport of Animals (Amendment) Rules 2001 as circulated vide Board’s letter No. tcr/2211/2000/12 DATED 16.10.2001. 3. (1) A valid certificate issued by an officer or any person or Animal Welfare Organisation duly recognized and authorized for this purpose by the Animal Welfare Board of India, or the Central Government shall be procured by any person making transport of any animal before transportation of such animal verifying that all the relevant Central and State Acts, rules and orders pertaining to the said animals including the rules relating to transport of such animals have been duly complied with and that the animal is not being transported for any purpose contrary to the provision of any law. (2) In the absence of such certificate, the carrier shall refuse to accept the consignment for transport. Further, the Animal Welfare Board of India has also clarified that the cattle, as far as possible may not be moved during the day time and may be moved during the nights only. Further, the animals should be properly loaded, unloaded and they should be fed and given water and they should also be properly rested enroute. The learned counsel therefore submits that subject to satisfying these conditions contained in the Ministry of Railways Circular dated 28.10.2004 by the writ petitioner, the respondents have absolutely no objection to make available the wagons as requisitioned by him, keeping in view the commercial priorities of categorization of the class of freight which the Railways normally adopt. In view of the statement made by the learned counsel for the respondent, the writ petition is disposed of directing the respondents to book the indent and provide immediately four 18 tons V.P.U/V.P.H. containers for transportation of cattle from Secunderabad to New Jalpaigudi junction subject to the writ petitioner satisfying the conditions and terms specified in the Railway Board, Ministry of Railways (Circular dated 28.10.2004) and also observing the priority classification of the freight normally adopted by the Railways. The writ petition is disposed of. No costs. --------------------------------- Nooty Ramamohana Rao, J Note: Issue copy in three days. (bo) knk 9th September 2010