High court grants custody of stranded cattle in Cumbum to NGO

MADURAI: Relieving the Theni district administration from maintaining cattle, the Madras high court Madurai bench on Thursday passed orders handing over their custody to the Gau Gyan Foundation, an NGO working for cattle welfare, as an interim measure and also gave directions to the police in this regard. A 32-year-old woman Joshine Antony of Gau Gyan Foundation had filed a public interest litigation (PIL) seeking proper custody of animals by stating that the cattle were transported from different parts and the same were stranded in Cumbum after the Kerala government banned their transport, fearing spread of foot-and-mouth disease.
The petitioner had lodged a police complaint following which two people - K Ganapathy and P Kalandurai of Uthamapalayam in Theni - were booked and 132 cattle including 40 cows, 52 buffaloes and 40 bulls were seized. Thereafter, the court gave custody of the animals to the Theni district administration by its interim order dated January 10.
The division bench comprising justices V Ramasubramanian and V M Velumani passed the order stating that the petitioner wanted the Theni collector and superintendent of police to take care of the cattle so that they are not transported to Kerala for the purpose of slaughtering.
Justifying the request of the Theni district administration which had last week filed petition at the court seeking relief from maintaining the animals, the bench said that the district administration was unable to take care of the cattle for want of manpower and also for want of necessary sanction for such expenditure.
The bench further observed in the order that as a matter of fact, the administration appeared to have taken good care of the animals. But, unfortunately the print media appeared to have projected the same in bad taste, by showing as though the policemen were rearing cattle and ignoring their duties.
Therefore, the court was unable to hand over the custody of animals to the district administration and since the state is unable to provide food and shelter the petitioner is permitted to keep the cattle as a temporary measure, the bench's order said.
Out of 132 cattle, six had already died. In such circumstances, the court cannot shut its eyes and allow the two men who claimed only to be the coolies engaged by the cattle owners, to gain custody of the cattle on the strength of the orders of the judicial magistrate court, the order said.
As a matter of fact, police ought to have implicated the owners of cattle as accused. But, even now it is not too late since the investigation is not completed and final reports are not filed, the bench observed.
Giving directions to the police, the court ordered the police to complete the investigation within 30 days.
If police's final report says that no offence is made out under the Prevention of Cruelty to Animals Act, the petitioner shall hand over the custody to the owners. In case, the police report frames charges, the question of custody shall be determined on the basis of final outcome of the criminal cases.
The court also said that the owners can make periodical visits to the place where the cattle are kept to satisfy themselves that they are under proper care. In case, any difficulties in it, it will be open to the owners to seek modification of the High Court order.
During arguments advocate A. Velan who appeared for two persons, argued that no cattle was transported to Cumbam. "Cattle owners namely Chandrasekar, Santhanam, Pitchani Mani, Koodithurai, Krishnan, Vijayakumar and Rajendran are living in Cumbum. They engaged the above named two persons for grazing the cattle. We told all these things before the additional judicial magistrate court in Uthamapalayam. Following it, the court ordered return of cattle to the owners. Suppressing this, the petitioner filed PIL," Velan said.
Denying it, the petitioner's counsel G.R. Swaminathan said the cattle were stranded in Cumbum which is a transit point to take cattle to that state, after Kerala government banned their transport, fearing spread of foot-and-mouth disease.
Special Government Pleader B. Pugalendi submitted to the court that it was true that there was a ban on entry of cattle into Kerala from Tamil Nadu following the out break of foot and mouth disease.