People For Animals (Pfa) vs State Of Kerala
2021 Latest Caselaw 15720 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                     WP(C) NO. 14335 OF 2021
PETITIONERS:

    1    PEOPLE FOR ANIMALS (PFA)
         REPRESENTED BY ITS SECRETARY, KARTHIKA, ANAYARA,
         THIRUVANANTHAPURAM -695029.
    2    AHIMSA FARM ANIMAL SANCTUARY
         (AFAS), REPRESENTED BY ITS PRESIDENT, KANNAN
         BHAVAN, MANVIKA MUKUL, KOLIYACODE P.O,
         TRIVANDRUM - 695607.
         BY ADVS.
         K.S.HARIHARAPUTHRAN
         BHANU THILAK
         SRUTHI K.
         S.R.PRASANTH


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
         DEPARTMENT OF ANIMAL HUSBANDRY GOVERNMENT OF
         KERALA, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM -695001.
    2    PALAKKAD MUNICIPALITY
         SANTHI NAGAR, KUNNATHURMEDU, PALAKKAD,
         KERALA - 678001, REPRESENTED BY ITS SECRETARY.
    3    STATION HOUSE OFFICER
         PALAKKAD TOWN NORTH POLICE STATION - 678013.
 W.P.(C)No.14335 of 2021
                                  :-2-:

       4        ANIMAL WELFARE BOARD OF INDIA
                (MINISTRY OF FISHERIES, ANIMAL HUSBANDRY AND
                DIARY, GOVERNMENT OF INDIA), REPRESENTED BY ITS
                CHAIRMAN, NATIONAL INSTITUTE OF ANIMAL WELFARE
                CAMPUS P.O, 42, K.M STONE, DELHI - AGRA HIGHWAY,
                NH -2, SEEKRI VILLAGE, BALLAHBGARH, FARIDABAD,
                HARYANA - 121004.
                BY ADVS.
                SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
                BINOY VASUDEVAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.14335 of 2021
                                          :-3-:

                          Dated this the 30th day of July, 2021


                                   JUDGMENT

The writ petition has been filed with the following prayers;

"i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to hand over the custody of the buffaloes to the 1st petitioner. ii. Issue an order directing the 2 nd respondent to stop further auction proceedings of the buffaloes pending disposal of the above writ petition (civil).

iii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 1 st respondent to take steps to prepare schedule of cost as per Rule 4 of Prevention of Cruelty to Animals (Care and Maintenance of Case Property) Rules, 2017. iv. Issue such other order or direction this Hon'ble Court deems fit and proper."

2. The petitioners, who are interested in the welfare of the

buffaloes which were found abandoned in a private property, have

moved this writ petition complaining that the animals are in distress,

that there is no proper care and several of them are dying. On

22.7.2021, this Court passed an interim direction to the Veterinary

Surgeon attached to the Veterinary Hospital, Palakkad, to inspect the

animals that have been kept in the building belonging to the

Municipality and ensure that necessary medical assistance is given to W.P.(C)No.14335 of 2021 :-4-:

the animals. It is also directed that there shall be no auction sale of

the animals in question unless ordered by this Court. The case was

posted thereafter to 26.7.2021 for getting a report regarding the action

that was taken on the basis of the inspection by the Veterinary

Surgeon. On 26.7.2021, a report dated 23.7.2021 of the District

Animal Welfare Office, Palakkad, has been placed on record along

with a memo. As per the report, it is stated that on 19.7.2021, an

inspection was conducted and it was found that except for three

calves, the rest of the calves are keeping reasonably good health.

There is also certain bacterial and tick infections noticed with regard to

some of the animals. It is stated that on 20.7.2021, the animals were

shifted to a property near Palakkad Town hall. Thereafter, this Court

had directed the petitioners to place on record the manner in which

they planned to transport the animals to Thiruvananthapuram, if they

are permitted to take custody of the animals. Today an affidavit has

been placed on record on behalf of the petitioners wherein they have

elaborated the manner in which they would transport the animals. It is

stated in the affidavit that the animals will be transported from

Palakkad to Ahimsa Farm Animal Sanctury situated in Nilame in W.P.(C)No.14335 of 2021 :-5-:

Kollam District belonging to the second petitioner. The petitioners

have undertaken that they will take all necessary precautions for

safely transporting the buffaloes, which will be done using a Bharat

Benz Truck in three trips. It is also undertaken that necessary medical

care will be provided for the buffaloes during the transportation and it

will be ensured that no harm will be caused to the buffaloes during the

transportation. In paragraph 6 of the affidavit it is specifically

undertaken that all requirements for transportation of the buffaloes as

per the Transportation of Animals, Rules 2021, will be complied with.

Paragraph 6 is extracted hereunder :

"6. It is humbly submitted that all requirements for transportation of the buffalo as per the Transportation of Animals, Rules 2021, will be complied with.

1. Certificate of fitness from a veterinary officer.

2. Trucks or lorries with padding on sides and lined by non- slip material like gunny bags on flooring will be used.

3. Ramps/platforms and ropes will be used for loading and unloading.

4. Animals will be fed and watered before loading.

5. Water and food will be made available for the whole journey.

6. One attendant will accompany each truck.

7. Only six cattles will be loaded in each truck.

W.P.(C)No.14335 of 2021 :-6-:

8. Vehicle will be covered to protect from rain and sun.

9. Ventilation will be provided.

10. Certificate will be obtained from an Animal Welfare Organization or person authorized by Animal Welfare Board of India stating that all requirements for transportation as per rules have been complied with."

The undertakings of the petitioners are recorded.

3. Since the accused in the criminal case which has been

registered regarding the abandonment of the animals has already

been identified and summoned to appear on 2.8.2021 and since he

has stated that he does not own these animals, there can be no

further objection regarding the handing over of these animals to the

petitioners who are willing to take care of the animals, instead of

retaining them in an abandoned condition and left to be maintained by

the Municipality. The learned Standing Counsel for the Municipality

submits that they have already incurred huge expenses for the

maintenance of the animals and their rights to claim the same from the

Government may be left open. They also pray that the handing over of

the animals may be done by a senior Revenue Official attached to the

Government so that there would be no further claim by any persons

regarding the animals. The above requests are reasonable. W.P.(C)No.14335 of 2021 :-7-:

In the above circumstances, there will be a direction to the

Tahsildar, Palakkad, to take note of the animals which have been kept

in the custody of the second respondent Municipality and to handover

the animals to an authorised representative of the petitioners. The

authorised representative shall produce the necessary authorisation

and also a proper identification which will facilitate the Tahsildar to

ensure that the animals are being handed over to the right person.

The representative of the petitioners shall also submit an undertaking

before the Tahsildar in the manner in which it has been placed before

this Court and on receipt of such undertaking, the Tahsildar may

proceed to handover the animals to the representative. The petitioners

shall comply with all the undertakings that have been given before this

Court and which have been made part of this order, while transporting

the animals. The petitioners have also stated that the first petitioner is

a registered Charitable Organisation having the recognition of the

Animal Welfare Board of India and they will take care of the animals till

their life time in the farm belonging to the second petitioner. The writ

petition is disposed of on the basis of the above undertaking. It is

made clear that the second respondent will be free to take up the W.P.(C)No.14335 of 2021 :-8-:

claim regarding the expenses met by them for welfare of the animals

during the time the animals were within custody, before the

Government in its appropriate department. The Court places it

appreciation to the petitioners for having volunteered to takeover the

care of these animals which were abandoned in Palakkad even

though the petitioners are located in Thiruvananthapuram and Kollam.

The court is not offering any decision on the third prayer made in the

writ petition which will be left open for the petitioners to raise in

appropriate proceedings. The handing-over of the animals will be

done on 02.08.2021 (Monday) at 11 a.m. The Government Pleader

to convey the order to the Tahsildar, Palakkad, for compliance.

All pending interlocutory applications are closed.

Sd/-

T.R.RAVI, JUDGE ami/ W.P.(C)No.14335 of 2021 :-9-:

APPENDIX OF WP(C) 14335/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR DATED 28.05.2021 HAVING CRIME NO. 0494/2021 IN THE PALAKKAD TOWN NORTH POLICE STATION.

Exhibit P2 TRUE COPY OF THE E-MAIL SEND BY THE 2ND PETITIONER TO THE 2ND RESPONDENT DATED 29.05.2021.

Exhibit P3 TRUE COPY OF THE NEWSPAPER REPORT CAME IN MADHYAMAM DAILY DATED 05.06.2021.

Exhibit P4 TRUE COPY OF THE LETTER SEND BY THE 1ST PETITIONER TO THE 2ND RESPONDENT MUNICIPALITY DATED 06.07.2021.

Exhibit P5 TRUE COPY OF THE LETTER DATED 07.07.2021