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2023 Supreme(Ker) 321
IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G. ARUN, J.
RAVEENDRAN P.T. S/O THANKAPPAN – Petitioner
Versus
THE STATE OF KERALA – Respondent
W.P. (C) No. 15433 of 2022
Decided On : 24-05-2023
Advocate Appeared:
For the Petitioners: SHERRY J. THOMAS, JOEMON ANTONY.
For the Respondents: G. SANTHOSH KUMAR, R. KRISHNA RAJ, E.S. SONI, SANGEETHA S. NAIR, RAJEEV JYOTHISH GEORGE, RESMI A.
Point of Law: Slaughtering of animals is prohibited under Prevention of Cruelty to Animals Act, 1960.
Headnote:
Prevention of Cruelty to Animals Act, 1960 - Kerala Animals and Birds Sacrifices Prohibition Act, 1968 - Section 3, 2(a) and (c) - Indian Penal Code, 1860 - Section 290 - Constitution of India, 1950 - Articles 25 and 26 - Panchayath Raj Act, 1994 - Section 219K - Ritualistic sacrifice - Illegal slaughter of birds and animals - Aggrieved by inaction of Panchayat to stop illegal slaughter of birds and animals in guise of ritualistic sacrifice by 8th respondent - Authorities should be mindful of fact that laws of this country are equally applicable to all citizens and no special treatment can be meted out to any person on religious grounds.
Findings of the Court:
Photographs produced along with petition shows water mixed with blood and remnants of rituals flown and dumped on road - Section 219K of Panchayath Raj Act prohibits flowing of waste water or any other filth to any portion of road, except to a drain or cesspool - Law being thus, Panchayath cannot abdicate its responsibility - Respondents 2 and 3 shall cause an inquiry to be conducted through 4th respondent and if 8th respondent is found to have constructed a place of worship and conducting poojas and rituals, with members of public participating in it, immediate action shall be taken to stop activities.
Result: Ordered accordingly.
JUDGMENT :
V.G. ARUN, J.
1. Petitioner is a resident of Ward No. 9 in Edathala Panchayat. He has filed the writ petition aggrieved by the inaction of the Panchayat, Police and Revenue authorities to stop the illegal slaughter of birds and animals in the guise of ritualistic sacrifice by the 8th respondent. The objectionable activities are carried out in a structure, resembling a temple, constructed by the 8th respondent on the second floor of his residential building. The reliefs sought in this writ petition are as follows:
(i) Call for the records pertaining to the Ext.P4, P7, P8 and P9 petitions and action taken thereon.
(ii) Issue a writ of mandamus, any other writ, appropriate order or direction, directing the 6th Respondent Panchayat to initiate steps to remove the illegal structure wherein the temple is situated in building No. 9/657/G of Edathala Grama Panchayat.
(iii) Issue a writ of mandamus, any other writ, appropriate order or direction, directing the 2nd and 3rd Respondents to initiate proceedings on Ext.P8 in accordance with the Manual of Guidelines to Prevent and Control Disturbances and to Promote Communal Harmony 2005 and to close down the illegal temple in building No. 9/657/G of Edathala Grama Panchayat.
(iv) Issue a writ of mandamus, any other writ, appropriate order or direction, directing the 4th and 5th Respondents to consider Ext.P7 and P 10 and initiate action to prevent the illegal functioning of the temple in building No. 9/657/G of Edm Grama Panchayat.
(v) Issue a writ or appropriate order declaring that the 8th Respondent cannot function any temple in building No. 9/657/G of Edathala Grama Panchayat without complying proceedings in connection with the Manual of Guidelines to Prevent and Control Disturbances and to Promote Communal harmony 2005.
(vi) Provide cost of the proceedings.
2. Heard Adv. Sherry J. Thomas for the petitioner, Adv. G. Santhosh Kumar for the Panchayat, Adv. R. Krishna Raj for the 8th respondent and Government Pleader Adv. Rajeev Jyothish George for the State and its officials.
3. Learned counsel for the petitioner submitted that the 8th respondent has exhibited a board with the name ‘Sree Bhramarambika Vishnumayaswami Devasthanam’ and is canvassing devotees through notices and other modes of advertisement. The 8th respondent is conducting poojas and rituals in his building day-in and day-out, accompanied by the ringing of bells, blowing of the conch and the shrieks and cries of animals and birds. The blood of the slaughtered animals is flown to the road and carcasses strewn all over the place. Additionally vehicles of persons visiting the place for conducting poojas and rituals are parked indiscriminately. All these factors have made life impossible for the petitioner and the other residents of the area.
4. Ext.P1 series of photographs are referred to prove that the Devasthanam is functioning on the second floor of the 8th respondent's building. Ext.P2 notice contains the so-called history of the temple, the powers of the deities and details about the annual festival of 2022. Ext.P3 photograph shows the blood and remnants flown and strewn over the public road.
5. It is contended that places of worship accessible to public can be constructed only with the prior approval of the District Administration as mandated in Clause 23 of the Manual of Guidelines to Prevent and Control Disturbances and to Promote Communal Harmony, 2005 (the Manual of Guidelines). The construction is illegal also for the reason that it was done without obtaining the permission envisaged under the Kerala Panchayat Building Rules. Slaughtering of animals is prohibited under the Prevention of Cruelty to Animals Act, 1960. Further, slaughtering, as part of ritualistic sacrifice, violates Section 3 of the Kerala Animals and Birds Sacrifices Prohibition Act, 1968. It is alleged that, in spite of being fully aware of the violations and there being a possibility of law and order situation, the police is not taking any action. L
