Kerala High Court
M.K.Sajeevan And Another vs The Revenue Divisional Officer & ... on 20 October, 2021
WP(C) NO. 6268 OF 2011 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
WP(C) NO. 6268 OF 2011
PETITIONER/S:
1 M.K.SAJEEVAN
RESIDING AT `OMKARAM', KOOTHATTUKULAM,, ERNAKULAM-686 662.
2 BINOY.K.U S/O.ULAHANNAN
RESIDING AT KALLATTUKUZHIYIL,, KAKKOOR P.O., KOOTHATTUKULAM,,
ERNAKULAM-686 662.
BY ADVS.
SRI.V.CHITAMBARESH (SR.)
SRI.P.S.APPU
SRI.C.A.ANOOP
SRI.JIBU P THOMAS
SRI.A.R.NIMOD
SRI.T.C.SURESH MENON
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER & OTHERS
MUVATTUPUZHA, ERNAKULAM-686 661.
2 THE DISTRICT COLLECTOR
ERNAKULAM-682 011.
3 THE ANIMAL WELFARE BOARD OF INDIA
REPRESENTED BY ITS SECRETARY,, THIRD SEAWARD ROAD, VALMIKI
NAGAR,, THIRUVANMIYUR, CHENNAI-600 041.
4 THE SOCIETY OF PREVENTION OF CRUELTY
TO ANIMALS (SPCA), IDUKKI, REPRESENTED, BY ITS SECRETARY,
ERAPPUZHIKKARA BUILDING,, PALA ROAD, THODUPUZHA, PIN-685 584.
BY ADVS.
SMT.DIVYA CHANDRAN
SRI.K.JAJU BABU
SRI.T.S.SHYAM PRASANTH
SMT.M.U.VIJAYALAKSHMI
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6268 OF 2011 2
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No.6268 of 2011
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Dated this the 20th day of October, 2021
JUDGMENT
The above writ petition is filed with following prayers :
"(i) call for the records leading to the passing of
Ext.P2 and quash the same by the issue of a writ of
certiorari or other appropriate writ, order or
direction;
(ii) issue a writ in the nature of mandamus directing
the respondents 1 and 2 to permit the bullock cart
race at Kakoor Kalavayal - Karshika Mela, 2011;
(iii) declare that the bullock cart race at the festival
wherein admission is free for watching entertainment
does not require registration of animals; and
(iv) issue such other writ, order or direction as this
honourable court deems fit and proper in the
circumstances of the case."
2. When this writ petition came up for consideration,
the learned Government Pleader and the learned Standing
Counsel for the 4th respondent submitted that the point raised
in this writ petition is covered by the judgment of the Apex
Court in Animal Welfare Board of India v. A.Nagaraja and
others [2014 KHC 4347] and the decision of this Court in
Cattle Race Club of India, Palakkad & others v. State of
Kerala and others [2015 (3) KHC 114]. The Government
Pleader and the Standing Counsel submitted that the bullock
cart race is completely banned as per the judgment of the Apex
Court and this Court.
In the light of the above submission and decision of this
Court and the Apex Court, nothing survives in this writ petition
and therefore, this Writ Petition is closed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONERS TO THE FIRST RESPONDENT DATED
18.2.2011.
EXT.P2 TRUE COPY OF THE ORDER PASSED BY THE FIRST
RESPONDENT DATED 21.2.2011.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
SKS
