JUDGMENT (Prayer: W.P.No.13748 of 2015 filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to ensure that no destruction, killing or sacrifice of any nature of any animal takes place in the State of Tamil Nadu outside a registered and licensed slaughter house and that such killing or destruction of animals is only for arranging for food for mankind. [Prayer amended as per the order dated 23.06.2015 in M.P.No.2 of 2015] W.P.No.13749 of 2015 filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 4 to prevent any transport of Camels into the State of Tamil Nadu by foot or on vehicles without compliances to the transport rules and their killing as religious sacrifices inside Tamil Nadu in violation of Rules for slaughter of animals, in places other than lawful slaughter houses, in accordance with rules. W.P.No.2565 of 2021 filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 44 to take action on the petitioner representation dated 12.10.2020 and consequently forbear any persons and their agents in any manner transporting the cows to the slaughter houses from one district to another district in the State of Tamil Nadu without following the section 38 (2) (h) of the Prevention of Cruelty to Animals Act, 1960 and Rule 56 of Transport of Animal Rules, 1978. W.P.No.4250 of 2021 filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the records on the file of the 1st respondent in Na.Ka.No.484.E.2020 dated 29.01.2021 and quash the same as illegal and consequently direct the 1st Respondent to take appropriate measures to protect the interests and welfare of the animals in accordance with law.) Common Order: Munishwar Nath Bhandari, Cj. He who is cruel to animals becomes hard also in his dealings with men.” -Kant. Compassion for animals is intimately connected with goodness of character, and it may be confidently asserted that he who is cruel to animals cannot be a good man.” -Arthur Schopenhauer. He who is cruel to animals becomes hard also in his dealings with men.” -Kant. Compassion for animals is intimately connected with goodness of character, and it may be confidently asserted that he who is cruel to animals cannot be a good man.” -Arthur Schopenhauer. Despite various provisions for prevention of cruelty to animals like the Tamil Nadu Animal Preservation Act, 1958 [for short, “the Act of 1958”]; the Prevention of Cruelty to Animals Act, 1960 [for short, “the Act of 1960”]; the Transport of Animals Rules, 1978 [for short, “the Rules of 1978”]; the Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001 [for short, “the Rules of 2001”]; the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 [for short, “Slaughter House Rules”]; the Prevention of Cruelty in Animals (Regulation of Livestock Markets) Rules, 2017 [for short, “Regulation of Livestock Market Rules 2017”] and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 [for short, “the Rules of 2017”], a series of public interest litigations have been filed making serious allegations of slaughtering of animals in violation of the Acts and the Rules. It is despite the fact that the Apex Court in the case of Laxmi Narain Modi v. Union of India and other, (2013) 10 SCC 227 , had laid down certain guidelines, which are to be followed by all the State Governments and Union Territories. 2. The facts on record show an alarming situation, which is not only in regard to illegal slaughtering of cows, but even in reference to camels being brought on foot in violation of the Rules of 2001 and their slaughtering at open places in an illegal manner. It can happen only when the administration fails to ensure compliance of the provisions of the Acts and the Rules and does not take timely action against the defaulters. 3. One of the writ petitions was earlier disposed of by this Court by an order dated 06.04.2022 in W.P.No.11559 of 2015 [People for Cattle in India v. State of Tamil Nadu and others]. The aforesaid writ petition was filed alleging illegal transportation of camels from outside the States like Gujarat and Rajasthan and slaughtering in open places. 3. One of the writ petitions was earlier disposed of by this Court by an order dated 06.04.2022 in W.P.No.11559 of 2015 [People for Cattle in India v. State of Tamil Nadu and others]. The aforesaid writ petition was filed alleging illegal transportation of camels from outside the States like Gujarat and Rajasthan and slaughtering in open places. The Court was assured that immediate steps would be taken against the persons indulging in such practice, which may include even lodging of an FIR for commission of the offences under the Act of 1960. 4. Learned counsel for the petitioner in W.P.No.2565 of 2021, drawing our attention to the provisions of the Tamil Nadu Animal Preservation Act, 1978, particularly Section 4 thereof, submitted that slaughtering should not be permitted in violation of the Section 14 of the said Act. 5. Learned counsel for the petitioner in W.P.No.4250 of 2021 submitted that when the respondent State issued notification to auction cows, young bulls and calves, they had filed the writ petition. According to learned counsel, if the State comes across auction of animals, they must act as per Rule 3(b) of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 and otherwise animals must be housed in an infirmary, pinjrapole, SPCA, Animal Welfare Oranisation or Gaushala. 6. Drawing our attention to Rules 5 and 6 of the Regulation of Livestock Market Rules 2017, learned counsel further submitted that any auction of livestock to be conducted, it must be in accordance with the provisions of said Rules. 7. We find that despite the provisions aforesaid, the State authorities, which may include the Police administration, failed to take immediate action on the illegal transportation of the animals and their slaughtering and even the illegal auction. 8. The Apex Court, in a Criminal Appeal No.230 of 2020 [Raguramsharma and another v. C.Thulsi and another] on registration of case against the accused under Sections 11(1)(a), 11(1)(b), 11(1)(d) an 11(1)(3) of the Act of 1960, observed that he was transporting 18 buffaloes and 19 bulls in an illegal manner in the truck which was closed air-tight so much so that the cattle could not breathe properly. This inhumane conduct of the accused was noted by the Apex Court. While granting interim custody of the cattle, a condition was imposed that they may not be slaughtered. This inhumane conduct of the accused was noted by the Apex Court. While granting interim custody of the cattle, a condition was imposed that they may not be slaughtered. This shows that respondents had failed to see compliance of all the provisions of law and therefore only such an incident took place. 9. We find that day in and day out, slaughtering of animals is taking place in violation of the Act of 1960 and even the Rules referred in paragraph 1 of this order. In view of the above, we need to pass appropriate orders to prevent transportion and slaughtering of animals, which includes camels in violation of the provisions of law. For that, certain provisions of the Acts and the Rules, which have been enacted to protect the animals, are required to be quoted. Accordingly, they are quoted hereunder: 10. Sections 3, 11 and 38 of the Act of 1960 provide as under: “3. Duties of persons having charge of animals.-It shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering. 11. Duties of persons having charge of animals.-It shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering. 11. Treating animals cruelly.-(1) If any person - (a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animal to be so treated; or (b) employs in any work or labour or for any purpose any animal which, by reason of its age or any disease, infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be so employed; (c) wilfully and unreasonably administers any injurious drug or injurious substance to any animal or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by any animal; or (d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or (e) keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or (f) keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord; or (g) being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or (h) being the owner of any animal fails to provide such animal with sufficient food, drink or shelter; or (i) without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or (j) wilfully permits any animal, of which he is the owner, to go at large in any street while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or (k) offers for sale or, without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or (l) multilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner; or (m) solely with a view to providing entertainment- (i) confines or causes to be confined any animal (including tying of an animal as a bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal; or (ii) incites any animal to fight or bait any other animal; or (n) organises, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes; or (o) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting; he shall be punishable, in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both. (2) For the purposes of sub-section (1), an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence: Provided that where an owner is convicted of permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine. (3) Nothing in this section shall apply to- (a) the dehorning of cattle, or the castration or branding or nose-roping of any animal, in the prescribed manner; or (b) the destruction of stray dogs in lethal chambers or by such other methods as may be prescribed; or (c) the extermination or destruction of any animal under the authority of any law for the time being in force; or (d) any matter dealt with in Chapter IV; or (e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering. 38. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act. 38. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely:- (a) the conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions; (aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5; (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animal; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty to animals; (ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13; (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. (i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality; (j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made; (ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose; (k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; (l) any other matter which has to be, or may be, prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both.” 11. Section 4 of the Tamil Nadu Animal Preservation Act, 1958 provides as under: 4. Prohibition of slaughter of animals without certificate.-(1) Notwithstanding anything in any law for the time being in force or any usage to the contrary, no person shall slaughter or cause to be slaughtered any animal unless on an application made in this behalf he has obtained a certificate in the prescribed form from the competent authority for the area in which the animal is to be slaughtered that the animal is fit for slaughter. (2) All application for a certificate under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed. (2) All application for a certificate under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed. (3) No certificate shall be granted under sub-section (1) unless the competent authority, for reasons to be recorded in writing, is of opinion that- (a) the animal is over ten years of age and is unfit for work and breeding; or (b) the animal has become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease: Provided that nothing contained in this section shall be deemed to affect the operation of any of the provisions of the [Madras City Municipal Act, 1919. (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920) (Tamil Nadu] Act V of 1920), the Tamil Nadu District Board’s Act, 1920 (Tamil Nadu Act XIV of 1920), the Tamil Nadu Village Panchayats Act, 1950 (Tamil Nadu Act X of 1950), the Travancore District Municipalities Act, 1116 (Travancore Act XXIII of 1116), or the Travancore-Cochin Panchayats Act, 1950 (Travancore-Cochin Act II of 1950); or any other law for the time being in force or any rule, regulation or by-law made thereunder relating to the slaughter of animals, except in so far as the provisions or the rules made thereunder are inconsistent with sub-section (3). 12. Rules 46 to 56 of the Transport of Animals Rules, 1978 provides: “46. Rules 47 to 56 shall apply to the transport by rail of cows, bulls, bullocks, buffaloes, yaks and calves. (hereinafter in these rules referred to as cattle). 47.(a) A valid certificate by a qualified veterinary surgeon to the effect that the cattle are in a fit condition to travel by rail or road and are not suffering from any infectious or contagious or parasitic diseases and that thay have been vaccinated against rinderpest and any other infectious or contagious or parasitic diseases, shall accompany each consignment. (b) In the absence of such a certificate, the carrier shall refuse to accept the consignment for transport. (c) The certificate shall be in the form specified in Schedule E. 48. Veterinary first-aid equipment shall accompany all batches of cattle. 49. (a) Each consignment shall bear a label showing in bold red letters the name, address and telephone number (if any) of the consignor and consignee, the number and types of cattle being transported and quantity of rations and food provided. Veterinary first-aid equipment shall accompany all batches of cattle. 49. (a) Each consignment shall bear a label showing in bold red letters the name, address and telephone number (if any) of the consignor and consignee, the number and types of cattle being transported and quantity of rations and food provided. (b) The consignee shall be informed about the train or vehicle in which the consignment of cattle is being sent and its arrival time in advance. (c) The consignment of cattle shall be booked by the next train or vehicle and shall not be detained after the consignment is accepted for booking. 50. The average space provided per cattle in Railway wagon or vehicle shall be as provided in Tables I and II as given below: TABLE I Cattle weighing up to 200 kg 1.0 square metre (sq m) Cattle weighing 200-300 kg 1.20 square metre Cattle weighing 300-400 kg 1.40 square metre Cattle weighing above 400 kg 2.0 square metre TABLE II Space requirement for cattle while being transported in commonly sized road vehicles Number of cattle Vehicle size length × width square metre Floor area of vehicle in square metre (sq m) Cattle weighing up to 200 kg (1.0 sq m space per cattle) Cattle weighing 200-300 kg (1.20 sq m space per cattle) Cattle weighing 300-400 kg (1.40 sq m space per cattle) Cattle weighing above 400 kg (2.0 sq m space per cattle) 6.9 × 2.4 16.56 16 14 12 8 5.6 × 2.3 12.88 12 10 8 6 4.16 × 1.9 7.904 8 6 6 4 2.9 × 1.89 5.481 5 4 4 2 51. (a) Suitable rope and platforms should be used for loading cattle from vehicles. (b) In case of railway wagon the dropped door of the wagon may be used as a ramp when loading or unloading is done to the platform. 52. Cattle shall be loaded after they are properly fed and given water. 53. Cattle in advanced stage of pregnancy shall not be mixed with young cattle in order to avoid stampede during transportation. 54. (1) Watering arrangements on route shall be made and sufficient quantities of water shall be carried for emergency. (2) Sufficient feed and fooder with adequate reserve shall be carried to last during the journey. (3) Adequate ventilation shall be ensured. 55. When cattle is to be transported by rail. 54. (1) Watering arrangements on route shall be made and sufficient quantities of water shall be carried for emergency. (2) Sufficient feed and fooder with adequate reserve shall be carried to last during the journey. (3) Adequate ventilation shall be ensured. 55. When cattle is to be transported by rail. (a) An ordinary goods wagon shall carry not more than ten adult cattle or fifteen calves on broad gauge, not more than six adult cattle or ten calves on metre guage, or not more than four cattle or six calves on narrow gauge. 56 When cattle are to be transported by goods vehicle the following precautions are to be taken, namely:— (a) specially fitted goods vehicles with a special type of tail board on padding around the sides should be used; (b) ordinary goods vehicles shall be provided with anti-slipping material, such as coir matting or wooden board on the floor and the superstructure, if low, should be raised; (c) no goods vehicle shall carry more than six cattle; (d) each goods vehicle shall be provided with one attendant; (e) while transporting the cattle, the goods vehicle shall not be loaded with any other merchandise; and (f) to prevent cattle being frightened or injured, they should preferably face the engine. 13. Sections 3, 4, 8, 9, 10, 12 and 13 of the Prevention of Cruelty to Animals (Transport and Animals on Foot) Rules, 2001 read as under: “3. Application of the rules .-These rules shall apply to transport of animals on foot when the distance from the boundary of village or town or city of the origin of such transport to the last destination is 5 km or more than 5 km. 4. Condition of health of animals transported on foot .-(1) Every animal to be transported on foot shall be healthy and in good condition for such transport. (2) A certificate of a veterinary doctor in respect of each animal to be transported to the effect that such animal is in a fit condition for such transportation and is not suffering from any infectious, contagious or parasitic diseases and that it has been vaccinated against any infectious, contagious or parasitic diseases shall accompany such animal. (3) The certificate under sub rule (1) shall be in the form as specified in the First Schedule. 8. (3) The certificate under sub rule (1) shall be in the form as specified in the First Schedule. 8. Certificate to be carried during transportation .-In case the person transporting the animals on foot is not the owner of the animal then such person shall carry a certificate as specified in the Second Schedule during such transportation. 9. Watering arrangement during transportation of animals .-The owner of the animals shall make watering arrangement in route during transport of such animals on foot. 10. Feed and fodder arrangements during transportation of animals .-Sufficient feed and fodder with adequate reserve of such feed and fodder for the animals shall be made available by their owner during their transport on foot. 12. Certain Prohibition on transport of animals on foot- (1) No person shall transport on foot an animal before sunrise or after sunset. (2) No animal shall be transported on foot beyond the distance, time, rest interval and temperature specified for such animal in the Table below, namely:— Species (Animals) Maximum distance covered/day/hour Maximum no. of walking/day of hours (Travelling) Period of rest (interval) Temperature range Max. Min. (2) No animal shall be transported on foot beyond the distance, time, rest interval and temperature specified for such animal in the Table below, namely:— Species (Animals) Maximum distance covered/day/hour Maximum no. of walking/day of hours (Travelling) Period of rest (interval) Temperature range Max. Min. Cattle (Cows) 30 km/day 4 km/hr 8 hours At every 2 hours for drinking and at every 4 hrs for feeding 12°C to 30°C Buffaloes 25 km/day 4 km/hr 8 hours At every 2 hours for drinking and at every 4 hrs for feeding 12°C to 30°C Cows and Buffaloes Calves 16 km/day 205 km/hr 6 hours At every 1½ hours for drinking and at every 3 hrs for feeding 15°C to 25°C Horses, Ponies, Mules, Donkeys 45 km/day 6 km/hr 8 hours At every 3 hours for drinking and at every 6hrs for feeding 12°C to 30°C Young ones (Foal) 25 km/day 4 km/hr 6 hours At every 2 hours for drinking and at every 4 hrs for feeding 15°C to 25°C Goats and Sheep 30 km/day 4 km/hr 8 hours At every 2 hours for drinking and at every 4 hrs for feeding 12°C to 30°C Kids and Lambs 16 km/day 2.5 km/hr 6 hours At every 1½ hours for drinking and at every 3 hrs for feeding 15°C to 25°C Pigs 15 km/day 2 km/hr 8 hours At every 1½ hours for drinking and at every 3 hrs for feeding 12°C to 25°C Piglets 10 km/day 1.5 km/hr 6 hours At every 1½ hours for drinking and at every 3 hrs for feeding 15°C to 25°C Note : After being provided with water every animal shall be given a break of 20 minutes before the commencement of the transport of the animal on foot and in case of feeding the break shall be given for one hour before the commencement of the transport of the animal on foot. (3) No animal shall be made to walk under conditions of heavy rain, thunderstorms or extremely dry or sultry conditions during its transport on foot. 13. Transportation of animals in certain cases not permitted without shoes .-Animals whose hooves are not provided with shoes (as in the case of pack or drought animals) shall not be transported on foot on hard cement, bitumen-coated or metalled roads, steep gradients or hilly and rocky terrain, irrespective of weather conditions (summer or winter).” 14. 13. Transportation of animals in certain cases not permitted without shoes .-Animals whose hooves are not provided with shoes (as in the case of pack or drought animals) shall not be transported on foot on hard cement, bitumen-coated or metalled roads, steep gradients or hilly and rocky terrain, irrespective of weather conditions (summer or winter).” 14. Rules 3, 4, 6 and 7 of the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 provide as under: “3. Animals not to be slaughtered except in recognised or licensed houses -(1) No person shall slaughter any animal within a municipal area except in a slaughter house recognised or licensed by the concerned authority empowered under the law for the time being in force to do so. (2) No animal which - (i) is pregnant, or (ii) has an offspring less than three months old, or (iii) is under the age of three months or (iv) has not been certified by a veterinary doctor that it is in a fit condition to be slaughtered, shall be slaughtered (3) The municipal or other local authority specified by the Central Government for this purpose shall, having regard to the capacity of the slaughter house and the requirement of the local population of the area in which a slaughter house is situated, determine the maximum number of animals that may be slaughtered in a day. 4. Reception area or resting grounds -(1) The slaughter house shall have a reception area of adequate size sufficient for livestock subject to veterinary inspection. (2) The veterinary doctor shall examine thoroughly not more than 12 animals in an hour and not more than 96 animals in a day. (3) The veterinary doctor after examining the animal shall issue a fitness certificate in the form specified by the Central Government for this purpose. (4) The reception area of slaughter house shall have proper ramps for direct unloading of animals from vehicles or railway wagons and the said reception area shall have adequate facility sufficient for feeding and watering of animals. (5) Separate isolation pens shall be provided in slaughter house with watering and feeding arrangements for animals suspected to be suffering from contagious and infectious diseases, and fractious animals, in order to segregate them from the remaining animals. (5) Separate isolation pens shall be provided in slaughter house with watering and feeding arrangements for animals suspected to be suffering from contagious and infectious diseases, and fractious animals, in order to segregate them from the remaining animals. (6) Adequate holding area shall be provided in slaughter house according to the class of animals to be slaughtered and the said holding area shall have water and feeding facilities. (7) The resting grounds in slaughter house shall have overhead protective shelters. (8) Ante-mortem and pen area in slaughter house shall be paved with impervious material such as concrete non-slippery herring-bone type suitable to stand wear and tear by hooves, or brick, and pitched to suitabled rainage facilities and the curbs of said impervious material 150 to 300 mm high shall be provided around the borders of livestock pen area, except at the entrances and such pen shall preferably be covered. 6. Slaughter -(1) No animal shall be slaughtered in a slaughter house in sight of other animals. (2) No animal shall be administered any chemical, drug or hormone before slaughter except drug for its treatment for any specific disease or ailment. (3) The slaughter halls in a slaughter house shall provide separate sections of adequate dimensions sufficient for slaughter of individual animals to ensure that the animal to be slaughtered is not within the sight of other animals. (4) Every slaughter house as soon as possible shall provide a separate space for stunning of animals prior to slaughter, bleeding and dressing of the carcasses. (5) Knocking section in slaughter house may be so planned as to suit the animal and particularly the ritual slaughter; if any and such knocking section and dry landing area associated with it shall be so built that escape from this section can be easily carried out by an operator without allowing the animal to pass the escape barrier. (6)A curbed-in bleeding area of adequate size as specified by the Central Government shall be provided in a slaughter house and it shall be so located that the blood could not be splashed on other animals being slaughtered or on the carcass being skinned. (7) The blood drain and collection in a slaughter house shall be immediate and proper. (6)A curbed-in bleeding area of adequate size as specified by the Central Government shall be provided in a slaughter house and it shall be so located that the blood could not be splashed on other animals being slaughtered or on the carcass being skinned. (7) The blood drain and collection in a slaughter house shall be immediate and proper. (8) A floor wash point shall be provided in a slaughter house for intermittent cleaning and a handwash basin and knife sterilizer shall also be provided for the sticker to sterilize knife and wash his hands periodically. (9) Dressing of carcasses in a slaughter house shall not be done on floor and adequate means and tools for dehiding or belting of the animals shall be provided in a slaughter house with means for immediate disposal of hides or skins; (10) Hides or skins shall be immediately transported from a slaughter house either in a closed wheelbarrow or by a chute provided with self-closing door and in no case such hides or skins shall be spread on slaughter floor for inspection. (11) Floor wash point and adequate number of hand wash basins with sterlizer shall be provided in a dressing area of a slaughter house with means for immediate disposal of legs, horns, hooves and other parts of animals through spring load floor chutes or sidewall doors or closed wheelbarrows and in case wheelbarrows or trucks are used in a slaughter house, care shall be taken that no point wheelbarrow or truck has to ply under the dressing rails and a clear passage is provided for movement of the trucks. (12) Adequate space and suitable and properly located facilities shall be provided sufficient for inspection of the viscera of the various types of animals slaughtered in a slaughter house and it shall have adequate facilities for hand washing, tool sterilisation and floor washing and contrivances for immediate separation and disposal of condemned material. (13)Adequate arrangements shall be made in a slaughter house by its owner for identification, inspection and correlation of carcass, viscera and head. (14) In a slaughter house, a curbed and separately drained area or an area of sufficient size, sloped 33mm per metre to a floor drain, where the carcasses may be washed with a jet of water, shall be provided by the owner of such slaughter house. 7. (14) In a slaughter house, a curbed and separately drained area or an area of sufficient size, sloped 33mm per metre to a floor drain, where the carcasses may be washed with a jet of water, shall be provided by the owner of such slaughter house. 7. Slaughter house building -The different construction of a slaughter house shall be built and maintained by its owner in the manner as specified below, namely : (a) Plant Building -(i) Materials used shall be impervious, easily cleansable, and resistant to wear and corrosion. (ii) Materials such as wood, plaster board, and porous acoustic-type boards, which are absorbent and difficult to keep clean shall not be used. (b) Floors -The floors shall be non-absorbent and non-slippery with rough finish and shall have suitable gradient for drainage. (c) Coves -Coves with radii sufficient to promote sanitation shall be installed at the juncture of floors and walls in all rooms and which shall not be less than 100 mm. (d) Interior Walls -(i) Interior walls shall be smooth and flat and constructed of impervious materials such as glazed brick, glazed tile, smooth surface Portland cement plaster, or other non-toxic, nonabsorbent material applied to a suitable base. (ii) Walls shall be provided with suitable sanitary type bumpers to prevent damage by hand trucks, carcass shunks, and the like. (iii) The interior walls shall have washable surface up to the height of 2 meters from the floor so that the splashes may be washed and disinfected. (e) Ceilings -(i) Ceilings shall be of the height of 5 mtrs or more in workrooms and so far as structural conditions permit, ceilings shall be smooth and flat. (ii) Ceilings shall be constructed of Portland cement plaster, large size cement asbestos boards with joints sealed with a flexible sealing compound, or other acceptable impervious material and finished so as to minimise condensation, mould development, flaking and accumulation of dirt. (iii) The walls above glazed type portion and ceiling shall be painted with water-resistant paint to maintain them clean. (f) Window Ledges -Window ledges shall be sloped at 45 degrees to promote sanitation and to avoid damage to glass in windows from impact of hand trucks and similar equipment, the windowsills shall be 1200 mm above the floor level with proper ventilation through mechanical venting or through working vents shall be provided in the roof structure. (f) Window Ledges -Window ledges shall be sloped at 45 degrees to promote sanitation and to avoid damage to glass in windows from impact of hand trucks and similar equipment, the windowsills shall be 1200 mm above the floor level with proper ventilation through mechanical venting or through working vents shall be provided in the roof structure. (g) Doorways and Doors -(i) Doorways through which product is transferred on rails or in hand trucks shall be at least 1500 mm high and shall be atleast 1500 mm wide. (ii) Doors shall either be of rust-resistant metal construction throughout, or if made with rust-resistant metal having tight softwood, they shall be clad on both sides with soldered or welded seams. (iii) Doorjambs shall be clad with rust-resistant metal securely affixed so as to provide no crevices for dirt or vermin and the juncture at which the door joins the walls shall be effectively sealed with a flexible sealing compound. (h) Screens and Insect control -All windows, doorways and other openings that may admit flies shall be equipped with effective insect and rodent screens and ‘Fly chaser’ fans and ducts or air curtains shall be provided over doorways in outside waof food handing areas that are used for dispatch or receiving. (i) Rodent-Proofing-Except in the case of solid masonry, walls constructed of glazed tile, glazed brick, and the like, expanded metal or wire mesh not exceeding 12.5 mm mesh, shall be embedded in walls and floor at their junction and such mesh shall extend vertically and horizontally to a sufficient distance to exclude the entrance of rats and other rodents. (j) Vehicular areas for Trucks -(i) Concrete paved areas, properly drained and extending at least 6 metres from building, loading docks or livestock platforms shall be provided at places where vehicles are loaded or unloaded. (ii) Pressure washing jets and disinfection facilities for trucks carrying animals shall also be provided at such places. (k) Drainage -(i) All parts of floors where wet operations are conducted shall be well drained and as far as possible, one drainage inlet shall be provided for each 37 metre square of floor space (ii) A slope of about 20 mm per metre to drainage inlets shall be provided for usual conditions and it shall be ensured that the floor slopes uniformly to drains with no low spots, which collect liquid. (iii) Floor drains shall not be provided in freezer rooms or dry storage areas and when floor drains are installed in rooms where the water seal in traps is likely to evaporate without replenishment, they shall be provided with suitable removable metal screw plugs. (l) Traps and vents on drainage lines -(i) Each floor drain, including blood drains, shall be equipped with a deep seal trap (P-, U-, or S-shape) (ii) Drainage lines shall be properly vented to the outside air and be equipped with effective rodent screens. (m) Sanitary drainage lines -Drainage line from toilet pans and urinals shall not be connected with other drainage lines within the plant and shall not discharge into a grease catch basin and such lines shall be installed so that if leakage develops, it shall not affect the product or the equipment. (n) Lighting and ventilation -(i) Unrefrigerated work rooms shall be provided with adequate direct natural light and ventilation or ample artificial light and ventilation by mechanical means. (ii) Uncoloured glass having a high transmissibility of light shall be used in skylights and windows (iii) The glass area shall be approximately one-fourth of the floor area of a workroom and such ratio shall be increased where there are obstructions, such as adjacent buildings, overhead catwalks, and hoists, which interfere with the admittance of direct natural light. (iv) Distributed artificial lighting of much quality and at such distances as may be specified by the Central Government shall be provided at all places where adequate natural light is not available or is insufficient. (o) Every abattoir shall be provided with distributed artificial light of an overall intensity of not less than 200 lux at the distances as may be specified by the Central Government throughout the slaughter hall and workrooms and at places where meat inspection is carried out, the overall intensity of artificial light shall be not less than 500 lux. (p) every abattoir shall be provided with suitable and sufficient means of ventilation to the outside air and the construction of the slaughter hall shall be so arranged that the dressed carcasses are not exposed to direct sunlight; (q) a sufficient, safe, potable and constant supply of fresh water shall be available at adequate pressure through the premises. (p) every abattoir shall be provided with suitable and sufficient means of ventilation to the outside air and the construction of the slaughter hall shall be so arranged that the dressed carcasses are not exposed to direct sunlight; (q) a sufficient, safe, potable and constant supply of fresh water shall be available at adequate pressure through the premises. (r) the pressure for the general purpose of floor washing may preferably be 200 to 330 kPa for through floor cleaning (s) for thorough and efficient washing of carcasses, a higher pressure between 1000 kPa to 1700 kPa shall be maintained. (t) floor washing point shall be provided preferably for minimum 37 meter square on slaughter floor and working departments. (u) a constant supply of clean hot water shall be available in the slaughter hall and workrooms during working hours and the hotwater required for frequent sterilising of equipment shall not be less than 82 degree celsius. (v) where necessary for sanitary maintenance, equipment s hall be constructed and installed so as to be completely self-draining. (w) the following materials shall not be used in an abattoir, namely-(i) copper and its alloys in equipment used for edible products. (ii) cadmium in any form in equipment handling edible products (iii)equipment with painted surface in product zone (iv)enamel containers or equipment is not desirable and (v) lead. (x) all permanently mounted equipment shall either be installed sufficiently away from walls (minimum 300 mm) to provide access for cleaning and inspection. (y) all permanently mounted equipment shall either be installed sufficiently above the floor (minimum 300 mm) to provide access for cleaning and inspection or be completely sealed (watertight) to the floor area.” 15. Rules 5 and 6 of the Regulation of Livestock Market Rules 2017 provides as under: “5. Registration of existing animal markets. -(1) The local authority shall make a list of animal markets functional prior to the commencement of these rules. (2) Every animal market functional prior to the commencement of these rules shall within three months from the date of such commencement register themselves with the District Animal Market Monitoring Committee by making an application to the Committee. 6. Establishment of new animal markets. -(1) When the local authority considers fit and necessary to establish an animal market within its jurisdiction, it shall identify a suitable location and develop a blueprint of the animal market. 6. Establishment of new animal markets. -(1) When the local authority considers fit and necessary to establish an animal market within its jurisdiction, it shall identify a suitable location and develop a blueprint of the animal market. (2) The District Animal Market Monitoring Committee may approve the blueprint of the animal market or seek further modification or reject the proposal for reasons to be recorded in writing/ (3) Every new animal market shall apply for registration to the District Animal Market Monitoring Committee.” 16. It alleged that the provisions quoted above are not followed and, in fact, proper monitoring to ensure compliance of the provisions of the Acts and the Rules is not made and cows, apart from other animals, are transported and slaughtered in open places. It is further alleged that despite having specific information about such cruelty, no case is registered against such persons. It is only for that reason, a reference of the various provisions of the Acts and the Rules has been given herein above, for its compliance. 17. At this stage, learned Government Pleader submitted that the Tamil Nadu Animal Welfare Board has addressed the Chairpersons of the District Society for Prevention of Cruelty to Animals vide letter dated 24.9.2020 and the subsequent letters dated 18.10.2021, 6.11.2021 and 15.11.2021 to ensure compliance of the provisions of the Act of 1960 and the Rules of 2001, as held by the Apex Court in the case of Geeta Seshamani v. Union of India and another, (2008) 17 SCC 55 . 18. The direction by the Apex Court was in reference to the failure of some States to constitute Animal Welfare Board at the District level and, therefore, every State was directed to constitute the Animal Welfare Board within three months and ensure that the District Societies are also constituted in every District not only to enforce the Rules of 2001, but to prevent violation of the provisions of law regarding transportation and slaughtering of animals. 19. The counter-affidavit filed by the State is not to oppose the prayer for compliance of the provisions of the Acts and the Rules. Rather, they support the prayer. 19. The counter-affidavit filed by the State is not to oppose the prayer for compliance of the provisions of the Acts and the Rules. Rather, they support the prayer. However, it is the specific stand of State that earnest steps are being taken by government to ensure compliance of the provisions of the Acts and the Rules and if anyone indulges in activities which are offending the provisions of the Acts and Rules, cases are being registered and for that, directions have been given by the State Board to prevent cruelty to animals. 20. It is stated that transportation of cows from one District to another in the State of Tamil Nadu is not permitted without following Section 38(2)(h) of the Act of 1960 and even Rule 56 of the Rules of 1978. It is further stated that whenever illegal transportation of the animals is found, not only cases are registered for the offence under the Act of 1960 and the Rules made thereunder, but cases are even registered against the vehicles involved in transportation of the animals. The State Government would not permit transportation of animals in an illegal manner. All the Departments are working in concert with the Police and Transport Departments. The Tamil Nadu Animal Welfare Board was formed to promote animal welfare and to ensure strict implementation of the Act of 1960 and the Rules of 1978 and also the Rules of 2001 and they are taking all steps as contemplated under the Act and the Rules. The functions of the Board has been indicated in the counter-affidavit and the same are reproduced hereunder for ready reference: “(a) advise the State Government for strict implementation of Prevention of Cruelty to Animals Act, 1960 in letter and spirit in Tamil Nadu and to suggest measures for its extension and implementation of rules framed there under to the whole State in phases. (b) establish Society for Prevention of Cruelty to Animals under the Prevention of Cruelty to Animals (Establishment and Regulation of Societies of Prevention of Cruelty to Animals) Rules, 2000 as required by sub-section (1) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960). The Board will ensure that the Society for Prevention of Cruelty to Animals will establish, manage infirmaries, animal shelters, cattle pound and monitor private gaushalas. The Board will ensure that the Society for Prevention of Cruelty to Animals will establish, manage infirmaries, animal shelters, cattle pound and monitor private gaushalas. (c) affiliate Bodies/Animal Welfare Organizations in Tamil Nadu and to co-operate and co-ordinate the work and activities of all such Non-Government Organizations. To issue guidelines and recommend financial or other asistance to all Non-Government Organizations working in Tamil Nadu in connection with animal welfare activities and have overall control and supervision of their work. (d) provide professional advise to the State Government on matters relating to the medical care, animal birth control, vaccinations and other healthcare. (e) advise the State Government or any local authority or other persons on technical improvements in the design of vehicles and farm machineries so as to lessen the burden on draught animals. (f) advise the State Government on measures to be introduced to prevent unnecessary suffering to animals, during transportation from one place to another or when they are used as performing animals or when they are kept in captivity or confinement. (g) advise the State Government or any local authority or other persons in design and maintenance of slaughter houses with provision of humane methods of slaughter, to alleviate unnecessary pain or suffering whether physical or intimidation in pre-slaughter stages as far as possible. (h) advise the State Government on regulation of animal fairs/market with a view to prevent irksome situations for the animals and birds during the process of trading and marketing of animals and birds. (i) take all steps as the Board, may think fit to ensure destruction of terminally ill animals by local authority or persons, whenevere it becomes necessary to do so, after being rendered insensible to pain or sufferings.” 21. It is also submitted that the Society for the Prevention of Cruelty to Animals has also been constituted as per the judgment of the Apex Court in W.P.No.440 of 2000 dated 6.8.2008 [Geeta Seshamani v. Union of India] in all the Districts. The Society informs the Police Department regarding violation of the provisions of the Act and the Rules while transporting the animals or slaughtering. Therefore, the State Government is putting in all efforts not only regarding the transportation of animals, but also with regard to their slaughtering. 22. The Society informs the Police Department regarding violation of the provisions of the Act and the Rules while transporting the animals or slaughtering. Therefore, the State Government is putting in all efforts not only regarding the transportation of animals, but also with regard to their slaughtering. 22. The counter-affidavit submitted by the State Government is basically to show the efforts taken by them for compliance of the provisions of the Acts and the Rules regarding transportation of animals and prevention of slaughtering. Thus, they are not as such opposing the prayer made in the writ petitions, but the allegations levelled against the State have been defended. The fact still remains that despite of the Acts and Rules on the subject, violation in transporting and slaughtering take place in an illegal manner day in and day out. Therefore, strict compliance of law is to be made. 23. In view of the aforesaid and finding that the litigation here is in the larger interest of the animals, we allow the writ petitions with the following directions: (i) The respondent State, through its concerned Departments, would ensure that no transportation or slaughtering of animals takes place in violation of the provisions of the Act of 1960 and the Rules of 1978, so as the Rules of 2001 and all other relevant Rules. (ii) Strict compliance of the provisions of the Acts and the Rules would be made not only through the District Level Committee, but also the State Board, and they should be activated with circulation of a copy of this order. (iii) If anyone indulges in illegal transportation of animals, he/she should be dealt with for violation of the provisions of the Act of 1960 and the Rules of 1978 and 2001 and immediate action should be taken with registration of cases against the accused. (iv) The respondent State through its Transport Department should monitor transportation of animals and for that at the check-posts and even at the toll-gates, the footage of CCTV cameras, wherever available, should be made accessible to the District Level Committee, to ensure that vehicles transporting animals in an illegal manner are dealt with an iron hand. (iv) The respondent State through its Transport Department should monitor transportation of animals and for that at the check-posts and even at the toll-gates, the footage of CCTV cameras, wherever available, should be made accessible to the District Level Committee, to ensure that vehicles transporting animals in an illegal manner are dealt with an iron hand. (v) The endeavour of the State would also be to ensure that no slaughtering is permitted in violation of the Acts and the Rules and in open places and if slaughtering is to be done, it should always be in the licensed slaughtering houses after due compliance of the Rules and only after a certificate as contemplated under Section 4 of the Act of 1958. It is also of Rules 3, 4, 6 and 7 of the Slaughter House Rules. The slaughtering would not be allowed in a open place. (vi) In case of an illegal transportation of animals, not only cases should be registered, but also the animals should be recovered and kept in safe custody because in the matter decided by the Apex Court in Raguramsharma and another, supra, it was found that animals were not being provided with sufficient food and water or any medical facility or first-aid and that the animals were being transported unauthorisedly violating the governing norms and principles and also without giving sufficient space to breathe properly and therefore strict compliance of Rules 46 to 56 of Rules of 1978 would be made, apart from Rules 3, 4, 8 to 10, 12 and 13 of the Rules of 2001. (vii) To check the aforesaid type of transportation, periodical monitoring should be done and no animals should be allowed to enter into the territory of the State of Tamil Nadu from any other State, if it is brought in violation of the Rules of 1978 and 2001. (viii) Slaughtering should not be permitted in violation of the provision of Section 4 of the Act of 1958. (ix) The respondent State should not allow auction of animals in violation of the provisions of the Acts and the Rules. (viii) Slaughtering should not be permitted in violation of the provision of Section 4 of the Act of 1958. (ix) The respondent State should not allow auction of animals in violation of the provisions of the Acts and the Rules. (x) The District Level Committee would be supplied a copy of this order to ensure that regular monitoring in compliance of this order is made to see that no transportation or slaughtering of animals takes place without the compliance of the directions given by this Court and the provisions of the Acts and Rules. (xi) In case of any violation, it would be immediately brought to the notice of the Superintendent of Police concerned to register a case with further action in the matter and the District Collector concerned would also see that no transportation or slaughtering of animals in his district takes place in violation of the directions given by this Court and a regular monitoring would be made. Consequently, W.M.P.Nos.2903, 4855, 4857 of 2021 and 15956 of 2022 are closed. There will be no order as to costs.