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2021 Supreme(Ker) 1022

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K. JAYASANKARAN NAMBIAR, GOPINATH P., JJ.
People for Animals (PFA), Rep. by its Secretary – Petitioner
Versus
State of Kerala, Rep. by Additional Chief Secretary – Respondent
W.P. (C) No. 13603 of 2021
Decided On : 11-08-2021

Advocates:
Advocate Appeared:
For the Petitioners: K.S. Hariharaputhran, S.R. Prasanth, Bhanu Thilak, Sruthi K.
For the Respondents: Asok M. Cherian, Jaishankar V. Nair, S. Ramesh Babu T.C. Suresh Menon.

The court emphasized the importance of reconstituting the State Animal Welfare Board, identifying feeding points for community dogs, and implementing Animal Birth Control procedures to address the issue of community dogs within the Thrikkakara Municipality.

Headnote:

Animal Welfare - Community Dogs Feeding Points - The court issued directions for the reconstitution of the State Animal Welfare Board, identification of feeding points for community dogs, and implementation of Animal Birth Control procedures for community dogs within the territorial limits of the Thrikkakara Municipality.

Fact of the Case:

The court issued directions for the reconstitution of the State Animal Welfare Board, identification of feeding points for community dogs, and implementation of Animal Birth Control procedures for community dogs within the territorial limits of the Thrikkakara Municipality.

Finding of the Court:

The court directed the reconstitution of the State Animal Welfare Board, identification of feeding points for community dogs, and implementation of Animal Birth Control procedures for community dogs within the territorial limits of the Thrikkakara Municipality.

Issues: Reconstitution of State Animal Welfare Board, identification of feeding points for community dogs, implementation of Animal Birth Control procedures, and registration of pet dogs within the territorial limits of various Corporations.

Ratio Decidendi: The court emphasized the importance of reconstituting the State Animal Welfare Board, identifying feeding points for community dogs, and implementing Animal Birth Control procedures to address the issue of community dogs within the Thrikkakara Municipality.

Final Decision: The court issued specific directions for the reconstitution of the State Animal Welfare Board, identification of feeding points for community dogs, implementation of Animal Birth Control procedures, and registration of pet dogs within the territorial limits of various Corporations.

ORDER :

1. 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 facility is used for im

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