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Biji P Mathew v. State of Kerala

Kerala HC3 Feb 2020WP(C)/1006/2020

Case brief

AI extract

What is this about?

In this writ petition challenging inaction by public authorities, the Court directed the District Panchayath President and District Veterinary Officer to form the Managing Committee of the SPCA in Idukki district within two months from the receipt of the judgment, relying on an existing 2013 Government Order.

What did the court decide?

Direction to respondents 4 and 5 to form the Management Committee of the SPCA in Idukki district within two months.

Biji P Mathew Vs State of Kerala — Kerala HC (2020) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941

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WP(C).No.1006 OF 2020(A)

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PETITIONER:

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BIJI P MATHEW AGED 51 YEARS S/O P.T.MATHEW, PEZHATHUMMOOTTIL, LABBAKANDAM, KUMILY P.O.IDUKKI-685 509.

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BY ADVS. SRI.VIPIN NARAYAN SRUTHY N. BHAT

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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3 DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, KUYILIMALA, PAINAV P.O. IDUKKI-685 603.

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4 DISTRICT PANCHAYATH PRESIDENT, IDUKKI DISTRICT PANCHAYAT, DISTRICT PANCHAYATH OFFICE, PAINAV P.O. IDUKKI-685 603.

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5 DISTRICT VETERINARY OFFICER, DISTRICT VETERINARY CENTER, THODUPUZHA, IDUKKI DIST-685 584.

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BY ADVS. SRI.UNNIKRISHNAN V.ALAPATT, SC, IDUKKI DISTRICT PANCHAYATH -R4

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SMT.VINEETHA B, GOVERNMENT PLEADER FOR R1-R3 & R5

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.1006 of 2020

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JUDGMENT

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This writ petition is filed seeking the following substantial

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reliefs:

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I) Issue a writ of mandamus or such other writ, order or direction commanding the respondent No.1 to issue appropriate directions for the formation of Managing Committee in Idukki District in terms of Ext.P2.

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II) Issue a writ of mandamus or such other writ, order or direction commanding the respondent No.4 and 5 to immediately form Managing Committee in terms of Ext.P2.

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Heard the learned counsel for the petitioner, the learned

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Government pleader for the respondent Nos.1, 2, 3 and 5 and the learned Standing Counsel appearing for the 4^th respondent.

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The learned counsel for the petitioner submits that in view of Ext.P2 Government Order, respondents 4 and 5 are duty bound to take steps for forming the Management Committee of the Society for prevention of cruelty to animals as specifically provided in Ext.P2.

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The learned Government Pleader, on instructions, submits

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that Ext.P2 Government Order is still in force and that follow up

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W.P.(C)No.1006 of 2020

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action is to be taken by respondent Nos. 4 and 5.

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In the above view of the matter, there will be a direction to the respondent Nos. 4 and 5 to take appropriate steps for formation of the Management Committee of the SPCA, Idukki district within a period of two months from the date of receipt of a

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copy of this judgment.

Sd/-

ANU SIVARAMAN

JUDGE

KAS

W.P.(C)No.1006 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF THE GO(P) NO 209/09/AD DATED 25.11.2009 EXHIBIT P2 COPY OF THE ORDER GO (MS) NO 362/13/AD DATED 18.12.2013

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RESPONDENT'S/S EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Biji P Mathew v. State of Kerala

Case brief

What is this about?

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Biji P Mathew v. State of Kerala

Case brief

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