## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE SMT. JUSTICE P.V.ASHA**
**TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942**
## **WP(C).No.23538 OF 2020(N)**
## **PETITIONER:**
**ANGELS NAIR, AGED 53 YEARS, GEN. SECRETARY, ANIMAL LEGAL FORCE INTEGRATION, KAPPILLIL HOUSE, PULLUVAZHY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683541.**
**BY ANGELS NAIR (PARTY IN PERSON)**
## **RESPONDENTS:**
- **1 THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695036.**
- **2 K.KUTTIGUPTHAN, KUNIYANGATTIL HOUSE, CHETHALLOOR P.O., MANNARKKAD, PALAKKAD (DT.)-678583.**
- **3 K.MURALIPRAKASH, KUNIYANGATTIL HOUSE, CHETHALLOOR P.O., MANNARKKAD, PALAKKAD (DT.)-678583.**
- **4 REGISTRAR (SUBORDINATE JUDICIARY), HIGH COURT OF KERALA, ERNAKULAM-682036.**
- **5 RANGE FOREST OFFICER, MANNARKKAD FOREST RANGE OFFICE, MANNARKKAD, PALAKKAD (DT.)-678582.**
- **6 DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695014.**
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## **W.P.(C).No.23538 of 2020**
**BY ADV. SRI.SANDESH RAJA.K., SPL GOVT. PLEADER (FOREST).**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
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## **JUDGMENT**
**Petitioner claims to be the General Secretary of Animal Legal Force Integration. According to him, the respondents 2 and 3 along with their family members like grand son/son/daughter are targeting him by issuing lawyer notices and by filing civil suits in various courts for the reason that he filed a complaint before the 5[th] respondent in respect of the incident involved in Ext.P1 video, which was widely circulated in the social media through tik-tok platform. It is stated that video exhibited the brutal assault on an elephant by 2 youths, who were identified as the sons of 3[rd] respondent, who is the owner of the elephant. It is stated that the 2[nd] respondent is the father of 3[rd] respondent. It is stated that the 6[th] respondent booked the sons of 3[rd] respondent in O.R.No.4 of 2019 before the**
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**Mannarkkad Magistrate Court, on the basis of the complaint of petitioner, who wanted to protect the animals from cruelty. It is stated that in retaliation for the same, the respondent 2 and 3, the youths booked in the forest offence, and their other family members caused to issue Exts.P3 to P6 lawyer notices to the petitioner demanding huge amount.**
**2. Ext.P3 lawyer notice was issued at the instance of the 2[nd] respondent on 27.09.2019; another lawyer notice Ext.P4 was issued on 28.09.2019 on behalf of the son of the 3[rd] respondent/grand son of the 2[nd] respondent; it was followed by Ext.P5 lawyer notice issued on**
**01.10.2019 by the 3[rd] respondent and followed by Ext.P6 legal notice on 08.11.2019 from the daughter of the 2[nd] respondent. It is stated that the 2[nd] respondent has filed O.S.No.191/2019 before the Munsiff's court,**
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**Mannarkkad and 3[rd] respondent has filed O.S. No. 7/2020 before the Munsiff's Court, Ottapalam, demanding compensation of Rs.3 lakhs and 2 lakhs respectively from the petitioner, all in respect of this incident raising fabricated charges. According to the petitioner, when the issue involves a criminal matter Munsiff's court should not have entertained the Original Suit.**
**3. The petitioner also alleges that courts are entertaining matters without considering the issue involved in it and the Original Suit filed against him should not have been entertained by the court because of which petitioner is harassed and his time, energy and money are being wasted for no good reason.**
**4. The writ petition is filed in the above context seeking the following reliefs:**
- _“_ _**i. To issue a writ of mandamus or any other writ order direction calling upon the respondent no. 1&4 to take string out and strict measures against respondent no: 2**_
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_**and 3 for fabricating charges and mocking judiciary and for their unlawful acts causing snags in daily basis of the judiciary and bringing shame on judiciary.**_
_**ii. The Hon'ble court may be pleased to issue directions to respondent 4 to issue directions and guidelines to the subordinate judiciary to scrutinize plaints and other proceedings having connections with other pending matters in courts and also those that are vexation and frivolous.**_
- _**iii. The Hon'ble may be pleased direct court respondent no.7 to investigate the matter and initiate legal proceeding against respondents no.2&3 for fabricating charges, misuse judicial machinery and mocking Indian constitution as well as amount to contempt of court.**_
- _**iv. The Hon'ble court may order respondents 2&3 to pay adequate compensation of Rs.20 lakhs to the petitioner who has undergone tremendous mental agony, stress and time as well loss of money.**_
- _**v. The Hon'ble court may initiate a regular machanism to monitor fake and fabricated charges against sincere people who seek for legal justice.**_
- _**vi. And such other reliefs that this Hon'ble Court may deem fit and proper in the circumstances of the case.”**_
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**5. I heard the petitioner, who appeared in person.**
**6. Grievance of the petitioner is against the harassment at the instance of the respondents 2 and 3 raising frivolous demands and frivolous suits whereas petitioner has only responded against the cruelty shown to the elephant. According to him the party respondents wants to vex him by filing frivolous suits in various courts.**
**7. It would appear that petitioner has been discharging the constitutional duties under Article 51A(g), as a responsible citizen to protect the interest of the animals at large.**
**8. However when Original Suits are filed, the Munsiff's court would have to proceed with it in accordance with the procedure prescribed for the same. It would be incumbent on the petitioner, who is a defendant in the suit to**
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**substantiate that it is a frivolous or a false case or that the respondents 2 and 3 have raised fabricated charges against the petitioner, by placing his pleadings in accordance with the prescribed procedure. Petitioner would be free to raise all his contentions before the said court and even raise his preliminary objection, if so advised.**
**9. In case petitioner requires investigation against the party respondents the petitioner would have to move appropriate authorities for the same.**
**10. I do not find anything wrong in Ext.P10 reply of the Registrar (Subordinate Judiciary), in declining interference in a matter, which is pending before the court.**
**11. Petitioner has sought very wide reliefs. I find that the reliefs sought in this writ petition are not liable to be granted under**
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**Article 226 of the Constitution of India.**
**Accordingly the writ petition is dismissed. It is made clear that this court has not considered any of the contentions in the Original Suits or in the O.R. or the factual aspects involved therein on merits. This judgment shall not stand in the way of the petitioner in availing appropriate remedies from the appropriate forum.**
**Sd/-**
**P.V.ASHA JUDGE**
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## **APPENDIX**
## **PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE VIDEO FOOTAGE APPEARED IN SOCIAL MEDIA IN THE MONTH OF MAY 2019 WRITTEN IN A COMPACT DISK.**
**EXHIBIT P2 TRUE COPY OF THE COMPLAINT BEFORE THE RESPONDENT NO.5 ON 16.05.2019.**
**EXHIBIT P3 TRUE COPY OF THE LEGAL NOTICE RECEIVED FROM RESPONDENT 2 DATED 27 SEPT. 2019.**
**EXHIBIT P4 TRUE COPY OF THE LEGAL NOTICE RECEIVED FROM ADHYUTH ON 28 SEPT. 2019.**
**EXHIBIT P5 TRUE COPY OF THE LEGAL NOTICE RECEIVED FROM RESPONDENT 3 DATED 1 OCT. 2019. EXHIBIT P6 TRUE COPY OF THE LEGAL NOTICE RECEIVED FROM JYOTHILAKSHMI DATED 8 NOV. 2019. EXHIBIT P7 TRUE COPY OF SUIT FILED BY RESPONDENT 2 AT MUNSIFF COURT, MANNARKKAD UNDER OS 191/2019. EXHIBIT P8 TRUE COPY OF SUIT FILED BY RESPONDENT 3 AT MUNSIFF COURT, OTTAPPALAM UNDER OS 7/2020. EXHIBIT P9 TRUE COPY OF THE PETITION FILED BY PETITIONER WITH REGISTRAR GENERAL OF HIGH COURT OF KERALA ON 27/FEB/2020. EXHIBIT P10 TRUE COPY OF THE REPLY FROM REGISTRAR GENERAL OF HIGH COURT OF KERALA DATED 21.8.2020.**
