IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25486 of 2009(E)
1. A.L.RAGHUNATH, EXECUTIVE MEMBER,
... Petitioner
Vs
1. THE REVENUE DIVISIONAL OFFICER,
... Respondent
2. THE TAHSILDAR, ALATHUR, PALAKKAD.
3. THE VILLAGE OFFICER, COYALMANNAM,
4. THE ANIMAL WELFARE BOARD OF INDIA,
5. THE SOCIETY OF PREVENTION OF CRUELTY
For Petitioner :SRI.V.CHITAMBARESH (SR.)
For Respondent :SRI.K.JAJU BABU
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :12/11/2010
O R D E R
Thottathil B.Radhakrishnan
&
P.Bhavadasana, JJ.
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W.P.(C).No.25486 of 2009-E
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Dated this the 12th day of November, 2010.
Judgment
Thottathil B.Radhakrishnan, J.
1.This writ petition comes to the Bench on a
reference by a learned single Judge.
2.The petitioner sought directions to the first
respondent to grant permission for conducting
cattle raise named “Kannu Poottu Malsaram” in
Chithali, Coyalmannam Panchayat, Alathur,
Palakkad District. The writ petition related to
the programme on 24.8.2010. The issue is referred
for consideration of the Bench as the learned
single Judge saw conflict between Exts.P3 and P5
judgments.
3.After hearing the learned counsel for the parties
WPC25486/09 -: 2 :-
quite in extenso, on different aspects of the
matter, we had issued an interim order on
20.8.2010 directing that the conduct of the
programme shall be only subject to all
restrictions as are imposed as per Ext.P1 order
dt.31.12.2008 as regards the Kottayi Grama
Panchayat and also the guidelines among the
directions contained in Ext.P5 as may apply to
“Kannu Poottu Malsaram” which involves only
animals and not carts. In spite of our specific
order in that interim order that they may do so
in the event of any violation, neither the Animal
Welfare Board nor the Society of Prevention of
Cruelty to Animals(SPCA) has placed any report of
any violation of the guidelines. We, therefore,
take it that there was no violation in the matter
of conducting the programme. The Commissioner
deputed by this Court in terms of the interim
order, has also filed a report recording that
there was no violation of any of the provisions
of Prevention of Cruelties to Animals Act, 1960
or any of the other directions during the
programme. That report is recorded.
WPC25486/09 -: 3 :-
4.In so far as the issues of law are concerned, we
need to notice that if cattle are put to a
competition as part of any entertainment;
different teams taking some prize based on
success; that would not, by itself, amount to
exhibition in terms of Chapter V of the
Prevention of Cruelty to Animals Act, 1960. The
term ‘exhibit’, going by Section 21 of that Act,
means ‘exhibit at any entertainment, to which the
public are admitted through sale of tickets’ and
‘training’ means ‘training for the purpose of any
such exhibition’. Therefore, the concepts of
‘exhibition’ and ‘training’ for the purpose of
that chapter have an immediate and express nexus
to the derivation of funds through sale of
tickets for admission to view the entertainment.
5.We record the submission on behalf of the
petitioner that no amount whatsoever is being
collected from the public through sale of tickets
for admission to enjoy the entertainment that
would be generated by the “Kannu Poottu
WPC25486/09 -: 4 :-
Malsaram”. If that be so, there can be no
objection referable to any requirement to
register the animals for any performance in terms
of the Performing Animals(Registration) Rules,
2000 which rules are issued in exercise of power
under Section 38 of the Act. However, the State
and the Animal Welfare Board as the regulatory
authorities have to ensure that no cruelty
whatsoever is meted out to the animals which
would get involved in that programme.
6.We also notice that in Ext.P1, the RDO had
granted permission in so far as Alathur Taluk is
concerned subject to certain conditions as are
evident from Ext.P1. In that view of the matter,
we are sure that if the “Kannu Poottu Malsaram”
is held in terms of the provisions of Ext.P1 and
such further directions as may be issued by the
District Collector and the RDO, ends of justice
would be satisfied. We, therefore, direct that
the following conditions shall be observed in
connection with any “Kannu Poottu Malsaram” which
will involve animals, with no carts being
WPC25486/09 -: 5 :-
utilized:
1. No stick, whether of metal or
wood or cane will be used during the
race, but only whip chord made of
cotton or synthetic fibre of moderate
size and length, with handle, will be
permitted, if necessary.
2. The cattle/oxen are not given
alcohol before participation in the
race. If any oxen/cattle is found fed
with alcohol, it should not be allowed
to participate in the race.
3. The participants are not allowed to
consume alcohol.
4.Any action of twisting or biting of
tales of animals by riders are not
allowed.
5.None of the provisions of Prevention
of Cruelty to Animals Act should be
violated.
It is further ordered that if the Animal Welfare
Board of India or the SPCA has any specific
WPC25486/09 -: 6 :-
reason to point out for requirement of additional
conditions, they will be at liberty to place such
requirement before the appropriate RDO who will
ensure that such conditions, if in conformity
with the subsisting laws and requirements, would
also be included as directions for the programmes
in the years to come. The writ petition ordered
accordingly.
Thottathil B.Radhakrishnan,
Judge.
P.Bhavadasan,
Judge.
Sha/0712