IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 25486 of 2009(E) -------------------------------------- PETITIONER(S): ----------------------- A.L. RAGHUNATH, EXECUTIVE MEMBER, CATTLE RACE CLUB OF INDIA, RESIDING AT ANAYAMKUNDU HOUSE, KARIYANCODE P.O., KOTTAYI, PALAKKAD DISTRICT. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, ADV. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.A.R.NIMOD, SRI.C.A.ANOOP. RESPONDENT(S): -------------------------- 1. THE REVENUE DIVISIONAL OFFICER, PALAKKAD. 2. THE TAHSILDAR, ALATHUR, PALAKKAD. 3. THE VILLAGE OFFICER, COYALMANNAM, ALATHUR, PALAKKAD. 4. THE ANIMAL WELFARE BOARD OF INDIA, REPRESENTED BY ITS SECRETARY, 3RD C WARD ROAD, VALMEEKI NAGAR, THIRUVANIYOOR, CHENNAI - 600 041. 5. THE SOCIETY OF PREVENTION OF CRUELTY TO ANIMALS (SPCA), IDUKKI, REPRESENTED BY ITS SECRETARY, ERAPPUZHIKKARA BUILDING, PALA ROAD, THODUPUZHA. WP(C).No. 25486 of 2009(E) *ADDL. R6 IMPLEADED ADDL. R6: DISTRICT COLLECTOR, PALAKKAD *IS SUO MOTU IMPLEADED AS ADDITIONAL R6 AS PER ORDER DATED 09/09/2009. R1 TO R3 & R6 BY GOVT. PLEADER MR.K.B. RAMANAD. R4 & R5 BY ADV. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, SMT.DHANYA CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25486 of 2009(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 31/12/2008. EXT.P2: COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 27/08/2009. EXT.P3: COPY OF THE JUDGMENT IN WP(C) NO. 22271/2009 ON THE FILE OF THIS HONOURABLE COURT DATED 12/08/2009. EXT.P4: COPY OF THE TAMILNADU GOVERNMENT GAZETTE DATED 21/07/2009. EXT.P5: COPY OF THE JUDGMENT IN WP(C) NO. 5671/2004 ON THE FILE OF THIS HONOURABLE COURT DATED 20/02/2004. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs Thottathil B.Radhakrishnan & P.Bhavadasana, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25486 of 2009-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of November, 2010. Judgment Thottathil B.Radhakrishnan, J. 1.This writ petition comes to the Bench on a reference by a learned single Judge. 2.The petitioner sought directions to the first respondent to grant permission for conducting cattle raise named “Kannu Poottu Malsaram” in Chithali, Coyalmannam Panchayat, Alathur, Palakkad District. The writ petition related to the programme on 24.8.2010. The issue is referred for consideration of the Bench as the learned single Judge saw conflict between Exts.P3 and P5 judgments. 3.After hearing the learned counsel for the parties WPC25486/09 -: 2 :- quite in extenso, on different aspects of the matter, we had issued an interim order on 20.8.2010 directing that the conduct of the programme shall be only subject to all restrictions as are imposed as per Ext.P1 order dt.31.12.2008 as regards the Kottayi Grama Panchayat and also the guidelines among the directions contained in Ext.P5 as may apply to “Kannu Poottu Malsaram” which involves only animals and not carts. In spite of our specific order in that interim order that they may do so in the event of any violation, neither the Animal Welfare Board nor the Society of Prevention of Cruelty to Animals(SPCA) has placed any report of any violation of the guidelines. We, therefore, take it that there was no violation in the matter of conducting the programme. The Commissioner deputed by this Court in terms of the interim order, has also filed a report recording that there was no violation of any of the provisions of Prevention of Cruelties to Animals Act, 1960 or any of the other directions during the programme. That report is recorded. WPC25486/09 -: 3 :- 4.In so far as the issues of law are concerned, we need to notice that if cattle are put to a competition as part of any entertainment; different teams taking some prize based on success; that would not, by itself, amount to exhibition in terms of Chapter V of the Prevention of Cruelty to Animals Act, 1960. The term 'exhibit', going by Section 21 of that Act, means 'exhibit at any entertainment, to which the public are admitted through sale of tickets' and 'training' means 'training for the purpose of any such exhibition'. Therefore, the concepts of 'exhibition' and 'training' for the purpose of that chapter have an immediate and express nexus to the derivation of funds through sale of tickets for admission to view the entertainment. 5.We record the submission on behalf of the petitioner that no amount whatsoever is being collected from the public through sale of tickets for admission to enjoy the entertainment that would be generated by the “Kannu Poottu WPC25486/09 -: 4 :- Malsaram”. If that be so, there can be no objection referable to any requirement to register the animals for any performance in terms of the Performing Animals(Registration) Rules, 2000 which rules are issued in exercise of power under Section 38 of the Act. However, the State and the Animal Welfare Board as the regulatory authorities have to ensure that no cruelty whatsoever is meted out to the animals which would get involved in that programme. 6.We also notice that in Ext.P1, the RDO had granted permission in so far as Alathur Taluk is concerned subject to certain conditions as are evident from Ext.P1. In that view of the matter, we are sure that if the “Kannu Poottu Malsaram” is held in terms of the provisions of Ext.P1 and such further directions as may be issued by the District Collector and the RDO, ends of justice would be satisfied. We, therefore, direct that the following conditions shall be observed in connection with any “Kannu Poottu Malsaram” which will involve animals, with no carts being WPC25486/09 -: 5 :- utilized: 1. No stick, whether of metal or wood or cane will be used during the race, but only whip chord made of cotton or synthetic fibre of moderate size and length, with handle, will be permitted, if necessary. 2. The cattle/oxen are not given alcohol before participation in the race. If any oxen/cattle is found fed with alcohol, it should not be allowed to participate in the race. 3. The participants are not allowed to consume alcohol. 4.Any action of twisting or biting of tales of animals by riders are not allowed. 5.None of the provisions of Prevention of Cruelty to Animals Act should be violated. It is further ordered that if the Animal Welfare Board of India or the SPCA has any specific WPC25486/09 -: 6 :- reason to point out for requirement of additional conditions, they will be at liberty to place such requirement before the appropriate RDO who will ensure that such conditions, if in conformity with the subsisting laws and requirements, would also be included as directions for the programmes in the years to come. The writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/0712