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1 - 9 of 9 (0.21 seconds)Section 5 in The Prevention Of Cruelty To Animals Act, 1960 [Entire Act]
The Prevention Of Cruelty To Animals Act, 1960
Income Tax Rules, 1962
Section 127 in The Income Tax Act, 1961 [Entire Act]
Article 136 in Constitution of India [Constitution]
Ajantha Industries And Ors vs Central Board Of Direct Taxes,New Delhi ... on 5 December, 1975
16. Viewed in the light of the law laid down in the
decisions referred to supra, conclusion is irresistible that
Ext.P5 proceedings of the District Monitoring Committee,
insofar as it relates to the permission granted for parading 22
elephants in connection with the Gajamela in Ithithanam
Elamkavu Temple cannot be sustained in law, since the
reasons which weighed the mind of the said Committee while
granting permission for parading 22 elephants in connection
with Gajamela in the said temple is not discernible from the
said proceedings. An order passed by the District Monitoring
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Committee granting permission to parade elephants in
connection with a temple festival can be challenged by a
person aggrieved, by invoking the writ jurisdiction of this
Court under Article 226 of the Constitution of India. An order
like Ext.P5 passed by the District Monitoring Committee,
which does not disclose reasons, will be of little assistance to
this Court while exercising the power of judicial review.
Merely for the reason that 22 elephants were permitted to be
paraded in connection with the temple festival in Ithithanam
Elamkavu Temple for the previous year, the District
Monitoring Committee cannot grant permission for parading
the very same number of elephants during the current festival.
An independent consideration of that aspect, with specific
reference to the statutory provisions referred to hereinbefore
and also the law laid down in Prema Kumar P. [2022 (6)
KHC 90], has to be undertaken by the said Committee, in
exercise of its statutory powers, before granting permission
to parade elephants in the Gajamela. While granting such
permission the Committee has also to ensure that during
Gajamela, the elephants cannot be made to raise their heads,
applying sticks at their mandible bone, just below the jaw, in
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connection with the right to carry 'Thidambu' in the 'seva'
conducted in the evening of 23.04.2023. Though the 6th
respondent Temple Managing Committee has raised a
contention that the parading of 22 elephants in the Gajamela
is the customary practice followed in that temple, from Ext.P2
pamphlet published in connected with temple festival various
elephants are sponsored by Yuvajana Samajams, Seva
Samithis, etc.
In the above circumstances, Ext.P5 proceedings dated
10.03.2023 of the District Monitoring Committee headed by
the 2nd respondent District Collector, Kottayam, is set aside
and the said Committee is directed to reconsider the request
made by the 6th respondent Temple Managing Committee for
permission to parade elephants in connection with Gajamela
in Ithithanam Elamkavu Temple, which is scheduled to be held
on 23.04.2023 strictly in terms of the statutory requirements
and also the law laid down by this Court in Prema Kumar P.
[2022 (6) KHC 90], after affording an opportunity of being
heard to the petitioners and the 6th respondent Temple
Managing Committee. A decision in this regard shall be taken,
as expeditiously as possible, at any rate, on or before
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19.04.2023. The District Monitoring Committee shall conduct
a personal hearing on 18.04.2023 at 11.00.a.m., in which the
petitioners and the authorised representative of the 6 th
respondent Temple Managing Committee, shall be personally
present.
P Prema Kumar vs Travancore Devaswom Board - Tdb on 4 April, 2022
2. On 10.04.2023, when this writ petition came up
for admission, the learned Senior Government Pleader took
notice on admission for respondents 1 to 5. Urgent notice on
admission by special messenger was ordered to the 6 th
respondent, namely, Ithithanam Elamkavu Temple Managing
Committee, returnable by 12.04.2023. The learned Senior
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Government Pleader was directed to get instructions with
specific reference to the law laid down by this Court in Prema
Kumar P. v. Travancore Devaswom Board and others
[2022 (6) KHC 90].
B.Sree Kumar vs Travancore Devaswom Board
In Sree Kumar v. Travancore Devaswom
Board [2005 (1) KLT 43], in the context of the Kerala
Captive Elephants (Management and Maintenance) Rules,
2003, a Division Bench of this Court held that the Travancore
Devaswom Board is the custodian of the animals which are
entrusted by the devotees with the fervent hope and
expectation that they will be looked after well. These animals
are in a way offerings to the deities. Therefore, it is the
paramount duty and responsibility of the Board to take proper
care of these animals at all costs. If the animals are not
looked after well, necessarily it will amount to cruelty to them.
This, in turn, will attract the provisions of the Prevention of
Cruelty to Animals Act, 1960.
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