J U D G M E N T

Anil K. Narendran, J The Travancore Devaswom Board has filed this application seeking permission to entrust 37 cattle from the Goshala of Amabalappuzha Devaswom to the 2nd respondent Foundation for ensuring better care, protection and maintenance of those cattle. The document marked as Annexure A3 in this DBA is a copy of the report dated 05.10.2021 of the Superintendent of Police (Vigilance & Security), Travancore Devaswom Board, enclosing therewith an inquiry report dated 01.10.2021 of an officer in the Vigilance and Security wing of the Devaswom.

2. On 21.02.2022, when this DBA came up for consideration, considering the nature of relief sought for, the Director of Animal Husbandry, Kerala and the Kerala State Animal Welfare Board, represented by its Convenor (Director of Animal Husbandry) were impleaded as additional respondents 3 and 4. 3. On 23.02.2022, the learned Senior Government Pleader took notice for the 1st respondent and also for additional respondents 3 and 4. Notice to the 2nd respondent Foundation was ordered by speed post and also through e-mail.

4. The additional 3rd respondent Director of Animal Husbandry has filed a statement. Paragraphs 3 to 5 of that statement read thus;

'3. The animals may be transferred by observing the following conditions. The Dhyan Foundation must ensure sufficient housing, feeding and management facilities for the above animals. They shall also provide adequate veterinary care to these animals as and when it is required. Animal welfare be ensured in all respects. Transportation of the above animals may be done observing the Animal Transportation Rules, 1978.

4. The newly brought animals may be given a quarantine period of 14 days prior to induction into the existing herd, if any, in Dhyan foundation.

5. The petitioner has to make sure regarding the capacity and credibility of the 2nd respondent before handing over the animals to them.'

5. On 15.03.2022, when this matter came up for consideration, the learned counsel for the 2nd respondent Foundation submitted that the said respondent has no objection in any inspection being conducted by the officers of Animal Husbandry Department in its Goshala at Kakkanad and Pathanamthitta, in order to ascertain the facilities available there for keeping the cattle. The learned Senior Government Pleader submitted that a competent officer deputed by additional respondents 3 and 4 shall conduct inspection of the Goshala of the 2nd respondent Foundation, within ten days, after giving notice to the learned counsel for the 2nd respondent, and the report shall be placed on record before the next posting date. The learned Standing Counsel for Travancore Devaswom Board submitted that Board shall make sure the capacity and credibility of the 2nd respondent Foundation before handing over the cattle.

6. The 2nd respondent Foundation has filed a counter affidavit, producing therewith Annexure R2(a) document dated 09.10.2021 containing the activities of the Foundation in Kerala. As per Annexure R2(b) details of the shelters run by the Foundation, it has over 40 shelters across India and other countries, housing 50,000 rescued animals including cows, dogs, buffaloes, camels, donkeys, cats, peacocks, goats, sheep, etc. The Foundation also feeds more than 40,000 stray animals through 500 feeding points across the country. The document marked as Ext.R2(c) is a copy of the interim order of the Court dated 12.11.2021 in I.A.No.27 of 2021 in W.P.(C).No.13204 of 2021, whereby the 2nd respondent Foundation was entrusted with care and custody of 32 cattle which were proposed to be illegally auctioned by the Thiruvananthapuram Corporation. Paragraphs 6 and 7 of the counter affidavit read thus;

“6. It is most respectfully submitted that the Respondent No.2 Foundation has facilities in Kakkanad and Pathanamthitta Gaushalas to accommodate the 37 cattles proposed to be entrusted in the care and custody of the Foundation. True copy of the photographs of the Kakkanad