Madras High Court Allows PIL Seeking Prevention of Cow Slaughter in Non-Designated Places During Bakrid. Court Holds That Slaughter of Cows and Calves Must Only Occur in Designated Slaughterhouses Under Article 48 of the Constitution and Tamil Nadu Animal Preservation Act.

High Court: Madras High Court In Favour of Prosecution
  • 135
Judgement Image
Font size:
Print

Case Note & Summary

The petitioner, K. Surya alias K. Surya Prasanth, a resident of Coimbatore and an activist, filed a Public Interest Litigation (PIL) under Article 226 of the Constitution of India before the Madras High Court. He sought a writ of mandamus directing the respondents to consider his representation dated 18.05.2026 and take steps to prevent the slaughter of cows and calves in public places on the occasion of Bakrid. The respondents included the Secretary to the Government, Animal Husbandry Department, Director General of Police, District Collector, Commissioner of Police, Commissioner of Corporation, Deputy Commissioner of Police, and Inspector of Police. The petitioner alleged that arrangements were made for slaughtering cows and calves in areas not designated as slaughterhouses. He submitted a representation to the authorities, but it was not considered, leading to the filing of the writ petition. The respondents filed a counter affidavit, stating that on 21.05.2026, the police inspected the place designated for cow slaughter (Qurban) and found that a temporary shed had been erected in a non-public area without causing obstruction or offending religious sentiments. The court noted that the respondents conceded the veracity of the petitioner's averments. The court considered the question whether cows and calves can be sacrificed in places not designated as slaughterhouses on the occasion of Bakrid. The court referred to Article 48 of the Constitution of India, which mandates the State to prohibit the slaughter of cows and calves. The court held that slaughter of cows and calves must only occur in designated slaughterhouses, and any slaughter in non-designated places is illegal. The court allowed the writ petition and directed the respondents to take steps to prevent the slaughter of cows and calves in places not designated as slaughterhouses.

Headnote

A) Constitutional Law - Directive Principles - Article 48 of the Constitution of India - Prevention of Cow Slaughter - The court considered whether cows and calves can be slaughtered in non-designated places during Bakrid. The court held that Article 48 mandates the State to prohibit slaughter of cows and calves, and slaughter must only occur in designated slaughterhouses. (Paras 2-7)

B) Animal Husbandry - Slaughter Regulations - Tamil Nadu Animal Preservation Act, 1958 - Designated Slaughterhouses - The court examined the legality of slaughtering cows in temporary sheds not designated as slaughterhouses. The court held that such slaughter is illegal and directed authorities to prevent it. (Paras 2-7)

C) Public Interest Litigation - Writ of Mandamus - Article 226 of the Constitution of India - Enforcement of Representation - The petitioner sought a writ of mandamus to consider his representation against cow slaughter in public places. The court allowed the petition and directed the respondents to take steps to prevent such slaughter. (Paras 1-7)

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether cows and calves can be sacrificed in places not designated as slaughterhouses on the occasion of Bakrid.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The court allowed the writ petition and directed the respondents to take steps to prevent the slaughter of cows and calves in places not designated as slaughterhouses.

Law Points

  • Constitutional directive principles
  • Prevention of cow slaughter in non-designated places
  • Enforcement of statutory provisions
  • Public interest litigation
Subscribe to unlock Law Points Subscribe Now

Case Details

2026 LawText (MAD) (05) 7

WP No. 20225 of 2026

2026-05-27

G. R. Swaminathan, V. Lakshminarayanan

Mr. N. Seshadhri for Petitioner; Mr. P.V. Balasubramaniam, Additional Advocate General assisted by Mr. M. Guruprasad for R1; Mr. T. Gowthaman, Additional Advocate General assisted by Mr. M. Guruprasad for R3 and R5; Mr. R. John Satyan, Public Prosecutor assisted by Mr. C.R. Malarvannan for R2, R4, R6 and R7

K. Surya Alias K. Surya Prasanth

The Secretary to the Government, Animal Husbandry, Dairying Fisheries and Fishermen welfare Department, Chennai; The Director General of Police, Chennai; The District Collector, Coimbatore; The Commissioner of Police, Coimbatore; The Commissioner of the Corporation, Coimbatore; The Deputy Commissioner of Police, Coimbatore; The Inspector of Police, D2 Police Station Selvapuram, Coimbatore

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Public Interest Litigation (PIL) seeking a writ of mandamus to prevent cow slaughter in non-designated places during Bakrid.

Remedy Sought

Writ of mandamus directing respondents to consider petitioner's representation dated 18.05.2026 and take steps to prevent slaughter of cows in public places.

Filing Reason

Petitioner alleged that arrangements were made for slaughtering cows and calves in areas not designated as slaughterhouses on the occasion of Bakrid, and his representation to authorities was not considered.

Issues

Whether cows and calves can be sacrificed in places not designated as slaughterhouses on the occasion of Bakrid.

Submissions/Arguments

Petitioner argued that slaughter of cows and calves in non-designated places is illegal and sought prevention. Respondents conceded the veracity of petitioner's averments and stated that a temporary shed was erected in a non-public area without causing obstruction.

Ratio Decidendi

Slaughter of cows and calves must only occur in designated slaughterhouses as mandated by Article 48 of the Constitution of India and the Tamil Nadu Animal Preservation Act, 1958. Any slaughter in non-designated places is illegal and must be prevented.

Judgment Excerpts

The question that calls for consideration in this PIL is whether cows and calves can be sacrificed in places not designated as slaughter houses on the occasion of Bakrid. Article 48 of the Constitution of India mandates the State to prohibit the slaughter of cows and calves.

Procedural History

Petitioner filed representation on 18.05.2026; not considered; filed WP No. 20225 of 2026 on 27.05.2026; counter affidavit filed; heard and disposed on same day.

Acts & Sections

  • Constitution of India: Article 48, Article 226
  • Tamil Nadu Animal Preservation Act, 1958:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Allows Trustees' Petition Challenging Charity Commissioner's Order in Public Trust Dispute — Appointment of New Trustees Set Aside for Violation of Natural Justice and Lack of Compliance with Section 41A of Maharashtra Public Trus...
Related Judgement
High Court Madras High Court Allows PIL Seeking Prevention of Cow Slaughter in Non-Designated Places During Bakrid. Court Holds That Slaughter of Cows and Calves Must Only Occur in Designated Slaughterhouses Under Article 48 of the Constitution and Tamil Nadu A...