Kerala HC Directs Union Ministry Of Fisheries And Animal Husbandry To Consider Objections Of Petitioners To Notification Banning ‘Ferocious Dogs’
The Kerala High Court has directed the Ministry of Fisheries, Animal Husbandry and Dairying to consider the objections/comments to the notification banning the import, breeding and selling of ferocious breeds of dogs.
The Bench of Justice TR Ravi observed, “In the above circumstances, this writ petition is disposed of directing the 3rd respondent to consider Ext.P6 along with other comments while taking a decision on DO letter No.V-11/1/2024-Anlm-Dadf dated 02.05.2024 in compliance with the directions issued by the High Court of Karnataka in its judgment dated 10.04.2024 in WP(C)No.8409 of 2024 and the order of the Hon’ble High Court of Delhi dated 16.04.2024 in WP(C)No.4374 of 2024 and other connected cases. If the 3rd respondent is proposing to hear the registered organizations/stakeholders on their comments, by a personal hearing, such facility shall be extended to the petitioners as well.”
Advocate Achuth Kylas appeared for the Petitioners whereas CGC V Gireesh Kumar appeared for the Respondents.
A writ petition was filed challenging the notification whereby the import, breeding and selling of certain breeds of dogs were restricted. The Delhi High Court and the Karnataka High Court have already considered the challenge to the notification and disposed of the writ petitions with directions.
Pursuant thereto, on May 2, 2024, the Union of India issued a public notice in compliance with the directions issued by other High Courts stating that the notification would not be enforced until further orders.
The Government also invited written comments and objections with scientific reasoning regarding the impugned notification. The Petitioner herein also submitted that they had submitted their comments and as on date, no decision has been taken yet.
On April 16, 2024, the Delhi High Court had asked the Centre to consider objections raised by stakeholders on a fresh draft notification before imposing a ban on the sale and breeding of several breeds of ferocious dogs. The High Court had passed the order after the counsel for the central government admitted that except for government bodies, no private entity or stakeholder was heard before the earlier notification was issued.
Accordingly, the Petition was disposed of.
Cause Title: Limjith KJ and Ors. v. Union of India and Ors. (Neutral Citation:2024:KER:39201)
Appearances:
Petitioners: Advocates Achuth Kylas, R Mahesh Menon, Sachin P.K., Varghese Xavier, Sreedevi Kylasanath and K.M. Sathyanatha Menon.
Respondents: CGC V Gireesh Kumar and GP Rajeev Jyothish George.
