IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 OP.No. 11298 of 1999(T) ---------------------------------- PETITIONERS: --------------------- 1. P.K. ANOOP KUMAR, S/O. KARUNAKARAN MASTER, *KALA', ILLATHU THAZHA, THALASSERY -3. 2. P.K. NAVIN, S/O. KARUNAKARAN MASTER, `KALA', ILLATHU THAZHA, THALASSERY - 3. 3. C.H. MOHAMMED KUNHI, LIVESTOCK SUPERVISOR (RETD.), PALLIKKUNNU, KANNUR -4. 4. P. BALAN NAIR, LIVESTOCK SUPERVISOR (RETD.), PAILATHOTTATHIL, P.O. MANDRATHODU. 5. K.P. KANARAN, LIVESTOCK SUPERVISOR (RETD.), KARIPALLY, BADAGARA. BY ADV. SRI.V.RAJAGOPAL. RESPONDENTS: ----------------------- 1. SECRETARY, AGRICULTURE (LIVESTOCK DEVELOPMENT-F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 4. SECRETARY TO DAIRY DEVELOPMENT, THIRUVANANTHAPURAM. 5. PALLIKUNNU GRAMA PANCHAYATH, REP. BY SECRETARY, P.O. PALLIKUNNU. BY GOVERNMENT PLEADER SRI. P.A. SALIM, ADV. SRI.P.K.RAVI SANKAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/07/2008,ALONG WITH O.P NO. 4420/2000,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 11298/1999-T: ORDER ON C.M.P. NO. 18324/1999 IN O.P. NO. 11298/1999-T DISMISSED 25/07/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DT. 30/06/1993 ISSUED BY THE NATIONAL DAIRY RESEARCH INSTITUTE, BANGALORE. EXT.P.2: COPY OF THE CERTIFICATE DT. 30/08/97 ISSUED BY THE NATIONAL DAIRY RESEARCH INSTITUTE, BANGALORE. EXT.P.3: COPY OF THE BILL ISSUED BY THE FROZEN SEMEN BANK (GOVT. OF INDIA) AT BANGALORE DT. 22/02/1999. EXT.P.4: COPY OF THE WRITE UP PUBLISHED IN MALAYALA MANORAMA DT. 18/08/1997. EXT.P.5: COPY OF THE WRITE UP PUBLISHED IN MALAYALA MANORAMA DT.19/06/97. EXT.P.6: COPY OF THE LETTER DT. 09/10/1998 ADDRESSED TO THE DIRECTOR, FROZEN SEMEN BANK, BANGALORE. EXT.P.7: COPY OF THE CIRCULAR DT. 06/02/1999 ISSUED BY THE R.1. EXT.P.8: COPY OF THE NOTICE ISSUED BY THE R.5. DT. 08/03/1999. EXT.P.9: COPY OF THE CERTIFICATE ISSUED TO P.1. BY DR. V. SANKAR, ASST. DIRECTOR (A.H) DEPARTMENT. EXT.P.10: COPY OF THE CERTIFICATE ISSUED TO P.2. BY -DO-. EXT.P.11: COPY OF THE CERTIFICATE REGARDING SUPERVISION AND GUIDANCE ISSUED BY DR. M.A. SAMUEL, B.V. SEE, VETERINARY SURGEON TO THE P.3. EXT.P.12: COPY OF THE CERTIFICATE ISSUED BY -DO TO P.4. EXT.P.13: COPY OF THE CERTIFICATE ISSUED BY MANAGER (TRG) INDO-SWISS PROJECT TO ONE G. SURENDRAN. EXT.P.14: COPY OF THE CIRCULAR DTD. 26/03/2002 NO. 3758/A.H.F1/2000/AD AGRL. (ANIMAL HUSBANDRY - F) DEPARTMENT, ISSUED BY ANIMAL HUSBANDRY DEPARTMENT. O.P. NO. 11298/1999-T: RESPONDENTS' EXHIBITS: EXT.R1: G.O. (P) 94/92 AD. DTD. 27/03/92. EXT.R2: BULL ALLOTMENT PROGRAMME. EXT.R3: SAMPLE SURVEY FOR ESTIMATION OF PRODUCTION OF MILK. EXT.R4: ORDER IN APPEAL NO: 1040/97 BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, TVM. //TRUE COPY// P.S. TO JUDGE prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NOs.11298/1999-T & 4420/2000-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2008. JUDGMENT In both the original petitions the challenge is against the restriction imposed on practicing of artificial insemination in farm animals. The petitioners approached this court mainly for quashing Exts.P3, P4 and P5 in O.P.No.4420/2000 which are circulars issued by the District Animal Husbandry Officer regarding the conduct of artificial insemination centres and Exts.P7 and P8 in O.P.No.11298/1999. At that time, the insistence was that the centres should depend upon only the supply from the Kerala Livestock Development Board, whereas the petitioners were getting it from the Govt. of India centres. Pending the original petitions, a revised circular was issued by the Government (Ext.P7 in O.P.No.4420/2000 and Ext.P14 in O.P.No.11298/1999). Learned counsel for the petitioners submitted that now the petitioners are willing to abide by the conditions provided in Ext.P7 and accordingly they may be allowed registration with the Department as permitted by the circular, in accordance with law. 2. The petitioners can apply to the competent authority, viz. the District Animal Husbandry Officer, who shall, on receipt of the proper OP 11298/99 & 4420/2000 -2- application of the petitioners, grant registration to them as permissible in the Circular dated 26.3.2002 produced as Ext.P7 in O.P.No.4420/2000 and appropriate action shall be taken in that regard expeditiously. With the above direction, the original petitions are disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/ OP 11298/99 & 4420/2000 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. Nos.11298/99 & 4420/2000 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 25th July, 2008.