IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 30028 of 2009(S) --------- -------------------------- PETITIONER: ------------------- SECRETARY, KERALA CATTLE WELFARE ASSOCIATION, THIRUVANANTHAPURAM. BY ADV. SRI.V.BHASKARAN PILLAI SMT.S.LEELA RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.30028 of 2009 ------------------------------------------ Dated this the 12th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed challenging the action of the District Collector declining permission for conducting Cattle Race and 'Maramadi' festival in Thiruvananthapuram District. 2. The petitioner claiming to be the Secretary of a society by name 'Kerala Cattle Welfare Association, Thiruvananthapuram' has sought for permission to hold the “Maramadi' festival wherein bullocks are made to participate. To the question whether such bullocks race and 'Maramadi' festival are against cruelty towards animals and the statutory provisions contained under the Prevention of Cruelty to Animals Act, this Court time and again in various writ petitions at Exts.P1 to P3 and P5, practically held in favour of ban and, in fact, has declined or W.P.(C) No.30028 of 2009 2 practically controlled the holding of such festivals, especially the involvement of bullocks. 3. It appears, this cruelty aspect was brought to the notice of the Animal Welfare Board of India which as per the communication dated 6th July, 2009 has issued the following directions to the concerned District Collector: “a) As per the report, the registration of bullocks for cattle race cannot be permissible, as such it is against the Performing Animals (Registration) Rules, 2002 and the cattle races can amount to cruelty to animals. b) It is further to be stated that conduct of such bull races amount to cruelty to animals prohibited under Section 11(1)(a) as it involves beating, over-driving and other physical ill treatments to run beyond capacity under Prevention of Cruelty to Animals Act, 1960. c) It is also informed that the District Collector, Thrissur, Kerala, in his letter dated 7.12.2007 addressed to the Secretary, District Panchayat, Thrissur has clearly stated that “it is W.P.(C) No.30028 of 2009 3 clear that the race cannot be conducted without over driving and beating the animal and would amount to violation of the Act and violation of the Order of the Hon'ble Supreme Court of India. It would also amount to contempt of Court in the light of the above order. You are hereby directed to follow the provisions of the Act and directions of the Hon'ble Court and accordingly ensure that law and directions of Hon'ble Court is complied with”. d) All the races before this event have been banned either by the Collector or by the Hon'ble High Court of Kerala in view of the extreme cruelty being inflicted to the animals.” 4. Thereafter, once again the ban for holding of such festival was challenged before this Court in W.P.(C) No.22271 of 2009, a learned Judge of this Court by the judgment dated 12th August, 2009, considering Ext.R3(a) in that case and the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Performing Animals (Registration) Rules, 2001, held that as holding of these festivals involving animals result in cruelty towards such W.P.(C) No.30028 of 2009 4 animals and it should not be permitted. This judgment of the learned Single Judge has become final in the sense it is not challenged by the petitioner or others who want to hold such festivals. No cogent materials have been placed before us to take a different view. On the face of these judgments, in our view, the District Collector was justified in not permitting the petitioner and other people to hold 'Maramadi' festival and bullock-cart race. We do not find any merit in the writ petition and accordingly it is dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns/vku.