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2021 Supreme(Ker) 927

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, GOPINATH P., JJ.
In Re: Bruno (Suo Motu) Public Interest Litigation Proceedings Initiated By The High Court In The Matter Of Executive And Legislative Inaction Of The State Government In The Matter Of Protection Of Animal Rights. – Appellant
Versus
Union Of India – Respondent
W.P.(C).No.13204, 13603 of 2021
Decided on : 11-08-2021

Advocates:
Advocate Appeared:
SRI.P.VIJAYAKUMAR, SRI.JAISHANKAR V.NAIR, SMT.M.U. VIJAYALAKSHMI, SRI.ASOK M.CHERIAN, SMT.AYSHA YOUSEFF, SRI.SHAJI. T.A., P. NARAYANAN, SMT.SRUTHY N.BHAT, M/S.M.UMA DEVI & LATHA. K, SRI.M.R. HARIRAJ, M/S.GANGA A.SANKAR, REJIVUE, THANUJA ROSHAN, CHACKOCHEN VITHAYATHIL, VISHNU RAJAGOPAL, VISWAJITH C.K. & GISHA G. RAJ, M/S. B.S.SWATHI KUMAR, ANITHA RAVINDRAN & HARISANKAR N UNNI, SRI.S. JAMAL, SRI.K.V. PRAKASH, ADVOCATE SRI. M.R.HARIRAJ FOR R16, M/S.KRISHNA PRASAD. S, SINDHU S.KAMATH & ROHINI NAIR, M/S.PRASANTH S.R. & BHANU THILAK, SRI.BRIJESH MOHAN, SRI.S. RAMESH BABU, ADVOCATE SRI.T.C. SURESH MENON, adv

Point of Law: to ensure that members of the public who feed community dogs at the identified locations are not subjected to any harassment while doing so, and in the event of any such harassment, the police authorities concerned can respond to the complaint filed by such persons. The signposts erected at the feeding points can also indicate that the area is a no-plastic zone, in line with the efforts taken by the Municipality towards that end.

Headnote:

Constitution of India,195 - orders reconstituting the State Animal Welfare Board -Purposes of transporting them to animal shelters where they can be subjected to Animal Birth Control - Feed community dogs at the identified locations - clarity is obtained as regards statutory requirement regarding constitution of said Board – Court would only insist that State Government make suitable arrangements for ensuring that Board functions with an active web portal, - Public who feed community dogs at identified locations are not subjected to any harassment while doing so, and in event of any such harassment - Police authorities concerned can respond to complaint filed by such persons - Signposts erected at the feeding points can also indicate that area is a no-plastic zone, in line with the efforts taken by Municipality towards that end.

Finding of the Court:

Foundation shall depute their trained dog handlers to areas within the territorial limits Municipality and catch community dogs roaming for purposes of transporting them to animal shelters where they can be subjected to Animal Birth Control procedures performed by qualified veterinary surgeons - Community dogs shall, after being subjected to birth control procedures, be duly vaccinated against rabies and other infectious diseases, rested and then taken back and freed at very same location from where they were picked up - Exercise shall be undertaken by foundations aforesaid in stages and carried on until all community dogs within territorial limits of Thrikkakara Municipality are subjected to aforesaid procedure and vaccination - Municipality shall render all assistance to said foundations in carrying out the aforesaid exercise, including deputing suitable personnel to identify the locations that are frequented by community dogs - Expenses incurred by Foundations in this regard shall be reimbursed by Municipality - Taking note of submissions of learned counsel for Foundations that animal shelter owned by Kochi Corporation is currently lying unutilized – Court direct Secretary of Kochi Corporation to immediately take steps to open animal shelter facility for use Foundations for purposes specified in this order - Corporations shall immediately take steps to register/license pet dogs within their respective territorial limits by taking note of the directions issued by this court in order.

Result: Ordered Accordingly

ORDER :

A.K. Jayasankaran Nambiar, J.

Pursuant to the earlier directions issued by us, the learned Additional Advocate General Sri.Asok M. Cherian now assures us that orders reconstituting the State Animal Welfare Board will be passed within two weeks. While the reconstitution as aforesaid will be provisional and subject to modification once clarity is obtained as regards the statutory requirement regarding constitution of the said Board, we would only insist that the State Government make suitable arrangements for ensuring that the Board functions with an active web portal, pending identification of formal office premises, so that the general public can have access to the Board and its members in the immediate aftermath of its reconstitution.

2. An affidavit has been filed by the Thrikkakara Municipality giving details of the locations identified by it as feeding points for the community dogs within its territorial limits. The points identified are as follows:

    (a) In Ward No.5 and 6 at Vanachira near Kollamkudimugal, wherein the Municipality have 50 cents of land.

(b) In Ward No. 8, near Vanitha Vyavasaya Park at Thengode.

(c) In Ward No.12, near IMG Junction, Kakkanad

(d) In Ward No.14, Motor Vehicle Driving Test Ground, behind Thrikkakara Police Station or behind Collectorate near North Gate.

(e) In Ward No.19 and 20, at Thanapadam-Palachuvadu

(f) In Ward No.26, near Morarji Ground, Vazhakkala

(g) In Ward No.27, 28 and 35, near NGO Quarters, wherein 30 cents of land owned by the Municipality.

3. We direct the Thrikkakara Municipality to erect signposts at these locations marking them as feeding points for community dogs and also to provide details of these locations to the SHO of the respective police stations that have jurisdiction over the said locations. This is to ensure that members of the public who feed community dogs at the identified locations are not subjected to any harassment while doing so, and in the event of any such harassment, the police authorities concerned can respond to the complaint filed by such persons. The signposts erected at the feeding points can also indicate that the area is a no-plastic zone, in line with the efforts taken by the Municipality towards that end.

4. The Dhyan Foundation and the Daya Foundation shall depute their trained dog handlers to the areas within the territorial limits of Thrikkakara Municipality and catch the community dogs roaming therein for the purposes of transporting them to animal shelters where they can be subjected to Animal Birth Control procedures performed by qualified veterinary surgeons. The said community dogs shall, after being subjected to the birth control procedures, be duly vaccinated against rabies and other infectious diseases, rested and then taken back and freed at the very same location from where they were picked up. This exercise shall be undertaken by the foundations aforesaid in stages and carried on until all the community dogs within the territorial limits of the Thrikkakara Municipality are subjected to the aforesaid procedure and vaccination. The Municipality shall render all assistance to the said foundations in carrying out the aforesaid exercise, including deputing suitable personnel to identify the locations that are frequented by community dogs. The expenses incurred by the Foundations in this regard shall be reimbursed by the Municipality, after the statement of expenses submitted by the Foundations has been certified as reasonable by this court.

5. Taking note of the submissions of learned counsel for the Dhyan and Daya Foundations that the animal shelter owned by the Kochi Corporation at Brahmapuram is currently lying unutilized, we direct the Secretary of the Kochi Corporation to immediately take steps to open the animal shelter facility at Brahmapuram for use by the Dhyan and Daya Foundations for the purposes specified in this order. The Kochi Corporation shall also depute sufficient staff to the said facility during the period when the facili

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