GREAT ROYAL CIRCUS Vs. CHIEF INSPECTOR

JUDGEMENT

(1.) By consent of all the parties main writ petition itself is taken up for disposal. Great Royal Circus, through its Manager Pavithiran has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to hand over four Chimpanzees, seized from the petitioner company to the petitioner.

(2.) . The case of the petitioner is briefly stated 22 hereunder: According to the petitioner, their Circus company is in existence of more than 60 years and the animals in custody of the petitioner are acquired under valid licence and some are breeded in the circus campus. The animals have individual trainers kept under the continuous attention and care unlike the Zoo. There is no suffering and distress to other animals. In their circus company they are having Lions, Bears, Elephants, Leopards, Monkeys, Hippopotamus, dogs, horses and 4 Chimpanzees, out of which one is old, aged more than 35 years. By Notification dated 14-10-98 issued by the Ministry of Social Justice and Empowerment, Delhi, the exhibition and training of animals such as Lion, Tiger, Panther, Bear and Monkey were prohibited. They secured valid permission or certificate to perform circus. The petitioner is now camping at Chennai and is not performing or in possession of the banned animals such as Lion, Tiger, Panther, Bear and Monkeys. While so, all of a sudden, on 9-1-2003, the first respondent in a arbitrary manner and on the false complaint given by the Blue Cross Society has entered into the circus premises with full police force and seized 3 Chimpanzees and handed over the same to the 2nd respondent-Manager, Vandalur Zoo. The said seizure is illegal, arbitrary and without jurisdiction. Without conducting any enquiry on the alleged complaint, the first respondent committed an error in seizing the animals with the aid of police force. Without a proper complaint under the provisions of the Prevention of Cruelty to Animals Act, 1960, and without following due process of law, the custody of performing animals cannot be taken away by the first respondent. In such circumstances, the petitioner circus has filed the above writ petition.

(3.) . Heard Mr. G. Masilamani, learned senior counsel for the petitioner; Mr. Gopalakrishnan for first respondent; Mr. R. Chandrasekaran, Government Advocate for second respondent; and Mr. P.N. Prakash for third respondent.