The central legal point established is the importance of enforcing the Cattle Trespass Act, 1871 and maintaining pound lands to prevent stray animals from causing public nuisance.

M. VENUGOPAL, J.

1. The Petitioner has preferred the instant Writ Petition praying for passing of an order by this Court in directing the Respondents for the strict implementation of the Cattle Trespass Act, 1871 and to maintain the 'Pound Lands' in each District as contemplated under the Cattle Trespass Act, 1871, in order to prohibit the stray animals like Cattle, Buffalos, Sheep’s, Lambs, Goats, Horses, Mares, Ponies, Colts, Pigs, Camels etc., in Pleasure-Grounds, Roads, Canals, Drainage Works, Embankments from straying and causing nuisance therein.

2. Heard both sides. No counter-affidavit is filed on behalf of Respondent Nos.1 to 34.

3. By consent, the main Writ Petition itself is taken up for final disposal.

4. According to the Petitioner/Trust represented by its Managing Trustee, the present Writ Petition is filed as 'Public Interest Litigation'. Further, drastic results are caused due to stray animals like Cattle, Buffalos, Sheep, Lambs, Goats, Horses, Mares, Ponies, Colts, Pigs, Camels etc. They generally cause great damage to Crops, Plantations, Pleasure- Grounds, Roads, Drainage works, Embankments by straying therein.

5. The Learned Counsel for the Petitioner submits that as per the Cattle Trespass Act, 1871, pounds were established in villages and lands were allotted for pounds in each village, which were maintained by Pound Keepers. In this connection, the Learned Counsel for the Petitioner adverts to Section 4 of the Cattle Trespass Act, 1871, which runs as under:

4. Establishment of pounds - Pounds shall be established at such places as the Magistrate of the District, subject to the general control of the [State Government], from time to time directs.

The village by which every pound is to be used shall be determined by the Magistrate of the District.

State Amendments - [Gujarat] - same as that in Maharashtra-Bombay Act 8 of 1958, read with S.87 of Act 11 of 1960.

[Maharashtra] - In its application to the State of Maharashtra, in S.4, for the words “State Government” substitute “Commissioner” - Bombay Act 8 of 1958, S.3 and Sch. And Maharashtra Adaptation of Laws Order, 1961.

[TamilNadu].- In its application to the State of Tamil Nadu, in S. 4, for the words “Magistrate of the District” substitute “District Collector”- Madras Act 20 of 1957, S.2 (w.e.f. 11.12.1957) read with Madras Act 23 of 1960, S.3 and Sch. I.

6. The Learned Counsel for the Petitioner refers to Section 5 of the Cattle-Trespass Act, 1871, which enjoins 'Control of pounds. Rates of charge for feeding impounded cattle'. He also points out to Section 10 of the Act, under the caption of 'Cattle damaging land'. That apart, he falls back upon Section 11 of the Act, which enjoins 'Cattle damaging public roads, canals and embankments'. Moreover, he refers to Section 12 of the Act under the Head 'Fines for cattle impounded'.

7. The main contention advanced on behalf of the Petitioner is that as per the Cattle-Trespass Act, 1871, the abandoned animals straying around and causing nuisance to public, were impounded by the Pound Keepers in the Pounds and the owners of the strayed animals after paying the penalties, get back their animals and this was properly maintained till 1980s. But, after the abolition of Village Accountant (Karnam), the Cattle-Trespass Act, 1871 was not properly implemented and thereby, pound lands were maintained by the Revenue Authorities.

8. The Learned Counsel for the Petitioner contends that the stray animals roam around many points in the city constantly for feeding on garbage, plastics and other leftovers. Due to this, though not obvious, most of these animals are sick and unhealthy and act as 'Carrier Agents' of many diseases etc. Manure and waste water from animal feeding operations and pollutants to the environment, results in temporary health problems. Also, one come across various form of new diseases, especially, in winter seasons, spreading from the animals and affecting human beings. Hence, it is represented that “Preventi