Kerala High Court orders the state to take action against municipal corporations that fail to implement a stray dog action plan.

Bench : A.K.JAYASANKARAN NAMBIAR, J. & GOPINATH P., J.

Case Title: In Re Bruno v. Union of India

Date :  27th day of June, 2023 

Facts –  

1. Several applications (I.A.Nos.37, 38, 39, and 40) have been filed in connection with a legal case (W.P.(C).No.13204 of 2021).
2. The applications sought that certain people be added as extra parties to the lawsuit and that additional documents be accepted as evidence.
3. Because the court granted these motions, the sought individuals were added as extra parties, and the additional papers were accepted as evidence.
4. The Employees Provident Fund Organisation rescinded a circular that previously prevented EPFO Staff quarters occupants from keeping dogs.
5. The court’s order included the Kerala State Electricity Board as an extra party to the dispute.
6. The court demanded an affidavit from the Additional Advocate General regarding Municipal Corporations’ efforts to establish stray dog shelters and conduct mass vaccination initiatives, as mandated by a government directive.
7. A Committee of Experts was formed to explore and report on the potential of releasing elephants kidnapped from the wild and held in captivity.

Analysis:

1. The court granted the different petitions for impleadment and acceptance of new documents, therefore broadening the scope of the writ petition.
2. The Employees Provident Fund Organisation’s deletion of the circular signals a shift in their stance regarding dogs in EPFO staff apartments.
3. The inclusion of the Kerala State Electricity Board on its own initiative implies their involvement or relevance to the issues made in the writ suit.
4. The court has taken note of media reports on dog bite incidences and has asked an affidavit from the Additional Advocate General outlining steps taken by Municipal Corporations in response to a Government Order on shelters and vaccination drives for stray dogs.
5. The Committee of Experts has been tasked with examining and reporting on issue.

Judgement:

1. Applications for inclusion and acceptance of additional documents are permitted.
2. The Circular barring pets in EPFO Staff quarters has been revoked.
3. The Kerala State Electricity Board has been added as a respondent.
4. The Additional Advocate General is directed to produce an affidavit on Municipal Corporations’ actions involving shelters and stray dog vaccination drives.
5. The Committee of Experts has been tasked with investigating and reporting on the prospect of releasing trapped elephants.

click here to view judgement

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

WRITTEN BY – ANVITHA RAO