IN THE HIGH COURT OF KERALA,
AT ERNAKULAM
Present:
The Hon'ble Chief Justice
Mr. Arijit Pasayat &
The Hon'ble Mr. Justice K.S.
Radhakrishnan
Monday, the 3rd
April, 2000/14th Chaithra, 1922.
O.P.NO 2 4 0 0 7
1999-G
A.V. Krishnan Moosad Vs. The Government of Kerala and
others.
This O.P. having been finally heard along with O.P.No.1569/99 on
3-4-2000, the Court on the same day delivered the
following:-
ARIJIT PASAYAT, C.J. &
K.S. RADHAKRISHNAN, J
________________________________________________
O.P.NOS. 1569 & 24007 OF
1999
________________________________________________
Dated this the
3rd April, 2000.
J U D G M E N
T
Pasayat,
C.J.
1.
These two original petitions
essentially involve common prayers in the sense that they are really
applications seeking prevention of cruelty to animals.
2.
In the counter affidavit
filed in O.P.No.1569 of 1999 it has been stated that necessary statutory
prescriptions are contained in the Kerala Pachayat Raj Act and the Kerala
Municipalities Act. It is also
submitted that within the para metres of the statutory prescriptions relating to
prevention of cruelty to animals, action is being taken. Learned counsel for petitioners
submitted that the prayers for directions as contained in the original petitions
may be treated as suggestions to the State Government so that they can explore
the possibility of making suitable provisions. In paragraph 9 of the counter affidavit
it has been stated that the police officials have to take action under the
Prevention of Cruelty to animals
Act. A combined effort of all the
statutory authorities to prevent cruelty to animals would be appropriate. Let the Government consider the
suggestions given by the petitioners, and the necessity of passing executive
orders/taking legislative actions may be considered in the proper
perspective. It is brought to our
notice that ghastly acts of killing animals are being seen by the children of
tender age. This no doubt leaves a
bad impact on the minds of young children.
As far as practicable the killing/slaughtering of animals should be done
in a place where children are not exposed to such slaughtering/killing. That would prevent unnecessary adverse
impacts on the impressionable minds of children. The State authorities should ensure that
such preventive actions as are necessary in the matter are
taken.
Original Petitions are
disposed of as indicated above.
Sd/-
(ARIJIT PASAYAT).
Chief Justice
Sd/-(K.S.
RADHAKRISHNAN)