The main legal point established in the judgment is the need for strict compliance with the Acts and Rules related to prevention of cruelty to animals, and the importance of regular monitoring and enforcement to prevent illegal transportation and slaughtering of animals.

JUDGMENT

(Prayer: W.P.No.13748 of 2015 filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to ensure that no destruction, killing or sacrifice of any nature of any animal takes place in the State of Tamil Nadu outside a registered and licensed slaughter house and that such killing or destruction of animals is only for arranging for food for mankind. [Prayer amended as per the order dated 23.06.2015 in M.P.No.2 of 2015]

W.P.No.13749 of 2015 filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 4 to prevent any transport of Camels into the State of Tamil Nadu by foot or on vehicles without compliances to the transport rules and their killing as religious sacrifices inside Tamil Nadu in violation of Rules for slaughter of animals, in places other than lawful slaughter houses, in accordance with rules.

W.P.No.2565 of 2021 filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 44 to take action on the petitioner representation dated 12.10.2020 and consequently forbear any persons and their agents in any manner transporting the cows to the slaughter houses from one district to another district in the State of Tamil Nadu without following the section 38 (2) (h) of the Prevention of Cruelty to Animals Act, 1960 and Rule 56 of Transport of Animal Rules, 1978.

W.P.No.4250 of 2021 filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the records on the file of the 1st respondent in Na.Ka.No.484.E.2020 dated 29.01.2021 and quash the same as illegal and consequently direct the 1st Respondent to take appropriate measures to protect the interests and welfare of the animals in accordance with law.)

Common Order:

Munishwar Nath Bhandari, Cj.

He who is cruel to animals becomes hard also in his dealings with men.” -Kant. Compassion for animals is intimately connected with goodness of character, and it may be confidently asserted that he who is cruel to animals cannot be a good man.” -Arthur Schopenhauer.

Despite various provisions for prevention of cruelty to animals like the Tamil Nadu Animal Preservation Act, 1958 [for short, “the Act of 1958”]; the Prevention of Cruelty to Animals Act, 1960 [for short, “the Act of 1960”]; the Transport of Animals Rules, 1978 [for short, “the Rules of 1978”]; the Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001 [for short, “the Rules of 2001”]; the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 [for short, “Slaughter House Rules”]; the Prevention of Cruelty in Animals (Regulation of Livestock Markets) Rules, 2017 [for short, “Regulation of Livestock Market Rules 2017”] and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 [for short, “the Rules of 2017”], a series of public interest litigations have been filed making serious allegations of slaughtering of animals in violation of the Acts and the Rules. It is despite the fact that the Apex Court in the case of Laxmi Narain Modi v. Union of India and other, (2013) 10 SCC 227, had laid down certain guidelines, which are to be followed by all the State Governments and Union Territories.

2. The facts on record show an alarming situation, which is not only in regard to illegal slaughtering of cows, but even in reference to camels being brought on foot in violation of the Rules of 2001 and their slaughtering at open places in an illegal manner. It can happen only when the administration fails to ensure compliance of the provisions of the Acts and the Rules and does not take timely action against the defaulters.

3. One of the writ petitions was earlier disposed of by this Court by an order dated 06.04.2022 in W.P.No.11559 of 2015 [People for Cattle in India v. State of Tamil Nadu and others]. The aforesaid writ petition was filed alleging illegal tr