Can’t leave infant monkey in rescuer's custody, says Madras High Court

CHENNAI: Holding that the veterinarian, who saved the life of an infant monkey that was attacked by street dogs, cannot claim its exclusive ownership because it was now the property of the government, the Madras High Court refused to grant him custody of the animal.

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The petitioner, a Coimbatore-based veterinarian who treated the half paralysed monkey, keeping it in his custody was illegal under section 39 of the Wild Life Protection Act, 1972, held Justice CV Karthikeyan while refusing his plea seeking the custody of the monkey.

The monkey (Bonnet Macaque) suffered severe injuries, for which it required proper medical treatment by experts, which can be provided only by the State government, observed the judge. “If the possession of the monkey is granted to the petitioner, it will open the doors for individuals seeking custody of listed wild animals,” Justice Karthikeyan said.

A special committee should be formed to oversee the welfare of the monkey and other animals in the custody of Arignar Anna Zoological Park (AAZP), Vandalur, the judge added.

When the case came up for hearing, the government advocate sought its dismissal on the grounds that the petitioner, V Vallaiappan, was not a registered veterinarian and also that his conduct while visiting the infant monkey admitted to the AAZP hospital was not dignified.

The advocate cited the Prevention of Cruelty to Animals and Animal Husbandry Practices and Procedural Rules, and submitted that a veterinarian must be registered with the Tamil Nadu Veterinary Council to practise. But Vallaiappan was not a registered practitioner currently as per the council's records, he said.

When he visited the zoo hospital on November 9 as permitted by the High Court, Valliaiappan was accompanied by his daughter and advocate. There, he allegedly created a ruckus demanding that the monkey should be let out of the cage, tried to open the enclosure twice, lifted the monkey through the grill and pressed its legs and tail, and entered into a loud squabble with the officials demanding that he should be allowed to handle the monkey, the advocate claimed, adding that the noise that the man created disturbed the other animals.

Vallaiappan transferred the monkey from Ranipet to Coimbatore and later to Hosur without the knowledge of the Forest Department, which was illegal under the Wild Life Protection Act, the government advocate added.

Appearing for Vallaiappan, senior counsel R Sankarasubbu said the Coimbatore Municipal Corporation had authorised his client as a veterinarian. The lawyer also objected to the remarks about his alleged conduct.

According to him, the monkey – whom Vallaiappan named ‘Muthalali’ – was lodged in solitary confinement, which would deteriorate its health, and sought interim custody.