V.Ramasubramanian,J.

This writ petition has been filed in public interest by an Animal Welfare Activist, who is also an Honorary Animal Welfare Officer of the Animal Welfare Board of India. The petitioner works for a Non-Governmental Organization by name Gau Gyan Foundation.

2. The fact that a huge stock of cattle is transported from all the three neighbouring States to Kerala, for the purpose of slaughter, has been inviting the attention of the statutory authorities as well as animal lovers. But, the Government of Kerala imposed a ban recently on the entry of cattle into Kerala from Tamil Nadu, following the out-break of a disease known as Foot and Mouth Disease (FMD). As a result, a large number of cattle which were in transit landed at Cumbum which is virtually the gate-way to Kerala.

3. Upon coming to know of the fact that about 2000 cattle are kept in Cumbum, awaiting the order of the Government of Kerala lifting the ban, the petitioner lodged a criminal complaint in Crime No.3/2014 before the Inspector of Police, Cumbum North Police Station. Claiming that the transporters of cattle attempted to assault her, the petitioner lodged a second complaint in Crime No.4/2014.

4. Thereafter, the petitioner came up with the above writ petition, seeking the issue of a writ of mandamus to direct the respondents 1 and 2 to take appropriate measures to seize the cattle that were allegedly transported illegally to Kerala and which are allegedly now stranded in Cumbum.

5. On 08.01.2014, the above public interest litigation came up for the first time before this Bench and this Court passed an order directing the learned Special Government Pleader to take notice and also further directing the District Collector to secure the cattle, feed them and file a report.

6. On 10.01.2014, the District Collector filed a Report, along with photographs of the animals and also indicating that they have been provided food, shelter and proper medical facilities. This Court also took note of the ban on slaughter of cows imposed by the Government in G.O.Ms.No.1715, Agriculture Department, dated 30.08.1976. After taking note of the provisions of Section 4(3) (A) of the Tamil Nadu Animal Preservation Act, 1958 and the provisions of the Transport of Animals Rules, 1978, this Court issued a direction on the same day, namely 10.01.2014, to the petitioner to produce all documents relating to Animal Welfare. It was pointed out at that time that two persons, who were named in the First Information Reports lodged by the petitioner, moved applications before the concerned Judicial Magistrate for the return of the cattle which were taken over by the Administration. Therefore, this Court directed the petitioner to implead those persons as parties to the writ petition.

7. Accordingly, the petitioner moved a miscellaneous petition in M.P.(MD)No.3 of 2014. On 23.01.2014, the said miscellaneous petition was allowed and the respondents 5 and 6 were impleaded as parties to the writ petition.

8. Thereafter, the respondents 5 and 6 filed a counter affidavit primarily contending that they have already obtained orders from the Additional Judicial Magistrate, Uthamapalayam, by filing applications under Section 451 of the Code of Criminal Procedure in Crl.M.P.Nos.387 and 388 of 2014. The respondents 5 and 6 claim that they are engaged as coolies by the original owners of the cattle just for the purpose of rearing the animals and getting them grazed. Therefore, the respondents 5 and 6 claim that the present writ petition cannot be entertained in view of the fact that there is a judicial order now obtained for the custody of the animals by the respondents 5 and 6.

9. In the light of the above facts and the report filed by the District Collector, we have heard Mr.G.R.Swaminathan, learned counsel appearing for the petitioner, Mr.B.Pugalendhi, learned Special Government Pleader appearing for respondents 1 to 4 and Mr.A.Velan, learned counsel appearing for respondents 5 and 6.

10. Before w