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2015 Supreme(Ker) 1232

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ashok Bhushan and A.M. Shaffique, JJ.
M.R. Ajayan – Appellant
Vs.
State of Kerala and Ors. – Respondents
WP(C) Nos. 28255 of 2011 (S), 13430, 30510 of 2008, 30792 of 2011, 12302, 14210, 19005 of 2014, 17958, 18374, 26164, 28720 and 29543 of 2015
Decided On : 04-11-2015

Advocates:
Advocate Appeared:
For the Appellant : Shaijan C. George, John Vipin, S. Rekha Kumari andSajitha George, Advs.
For the Respondents: Girija Gopal, Special Government Pleader

Headnote:

Prevention of Cruelty to Animals Act 1960 - Section 11 - Kerala Act 1994 - Section 438 - Seizure and destruction of stray dogs - Treats mutilating any animal or killing any animal - power given to the Secretary - Held, power can direct for seizure and destruction of all the dogs or any number of dogs or any category of dogs straying in the Municipal area. Section 9(f) of the 1960 Act enumerates one of the functions of the Animal Welfare Board, i.e., "to take all such steps as the Board may think fit to ensure that unwanted animals are destroyed by the Local Authorities, whenever, it is necessary to do so, either instantaneously or after being rendered insensible to pain of suffering

JUDGMENT :

Ashok Bhushan, J.

1. This group of Writ Petitions raising common issues have been heard together and are being decided by this common judgment. All the Writ Petitions have been filed as Public Interest Litigations. The Writ Petitions can be divided into two groups. First group consists of Writ Petitions raising grievance of common man residing in different Corporations, Municipalities and Panchayats who is affected by the menace caused by stray dogs. Writ Petitions cite various instances where stray dogs have bitten small children, old men and even young persons, some of them subsequently died of rabies. Petitioners pray that the local authorities may remove/destroy stray dogs to save the common man from their furry. W.P(C) No. 12302 of 2014, W.P(C) No. 28255 of 2011, W.P(C) No. 17958 of 2015, W.P(C) No. 14210 of 2014, W.P(C) No. 28720 of 2015, W.P(C) No. 19005 of 2014, W.P(C) No. 18374 of 2015, W.P(C) No. 29543 of 2015 and W.P(C) No. 30792 of 2011 which are included in the second group, belong to this group. The second group of Writ Petitions consists of 3 Writ Petitions, i.e., W.P(C) No. 13430 of 2008, W.P(C) No. 30510 of 2008 and W.P(C) No. 26164 of 2015. These three Writ Petitions have been filed by registered Societies/Trust which have been constituted to prevent cruelty to animals and to assist the administration to take action against those who commit cruelty to animals. Petitioners object to the killing of stray dogs in the State by the Local Authorities. Petitioners have further prayed for direction to the respondents to implement the provisions of Animal Birth Control (Dog) Rules, 2001 (hereinafter referred to as "the 2001 Rules").

FACTS AND PLEADINGS

2. To appreciate the issues raised in all these cases it is necessary to note the facts and pleadings raised in some of the Writ Petitions. Writ Petition No. 28255 of 2011 is being treated as the leading case of the first group whereas W.P(C) No. 26164 of 2015 is being treated as the leading case representing the second group.

3. W.P(C) No. 28255 of 2011 (M.R. Ajayan v. State of Kerala and others) has been filed by the petitioner, a journalist by profession and human right promoter raising concern of recurring attacks from stray dogs in Vypin Island. Different instances as reported in the newspapers of stray dog bite have been narrated. News item published in Metro Manorama dated 20.10.2011 and 21.10.2011 have been referred to wherein newspaper reported about serious injuries suffered by a small child on his neck on account of stray dog bite. In the Writ Petition reference of various other instances of dog bites and details of various incidents of stray dog menaces have been referred to. Instances of domestic animals bitten by stray dogs have also been mentioned. In this Public Interest Litigation various individual complaints sent to this Court to treat as Public Interest Litigation have also been tagged under orders of the Chief Justice. Several individuals have also filed applications stating that people of the State are now living under the fear of stray dogs. Streets, lanes, passages of houses, bus-stand, railway station, school compound, hotel premises and other public places are crowded with wandering dogs who often become aggressive. They unexpectedly attack the pedestrians and make road accidents to the riders especially two wheelers. Petitioners complain that no measures are being taken by the local authorities to seize and kill the stray dogs. The local authorities are abdicating their statutory duties of removing and destroying the stray dogs. Petitioners allege that Kerala which is known as "God's own country" has now become "Dog's own country". There are more than 12 lakhs wandering dogs in public places. In every 50 metres wandering dogs can be seen on road sides and near heap of garbage which attracts stray dogs. It is further stated that one of the main reasons that hamper elimination of stray dogs is the involvement of group, so called pet lovers























































































































































































































































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