Mr.N.Kalidas v. àNimal Welfare Board Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.12.2017 Coram The Hon'ble Mr.Justice T.S.Sivagnanam & The Hon'ble Mr.Justice K.Ravichandrabaabu W.P.No.15227 of 2017 & W.M.P.No.16525 of 2017 N.Kalidas
...Petitioner
Vs.
1.Animal Welfare Board of India, 13/1, Third Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai -41.
2.Humane Animal Society Rep. By Managing Trustee, Perks Arch Road, Uppilipalayam, Coimbatore-641015 3.The Inspector of Police, Pollachi Town Police Station, Pollachi Coimbatore District.
4.Anantha Krishnan
...Respondents
Prayer:
Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents 1 to 3 to take necessary steps to safeguard the stray dogs in K.L.S. Nagar Extension, Makkinampatti, Pollachi, Coimbatore District.
For Petitioner : No appearance For Respondent-1 : Mr. Jayesh B. Dolia For Respondent-3 : Mr. T.N.Rajagopalan Government Pleader (i/c) For Respondent-2 : No appearance For Respondent-4 : Mr. N.Ponraj
O R D E R
(Order of the Court was delivered by T.S.Sivagnanam, J.,) None appears for the petitioner. Heard Mr. Jayesh B. Dolia, the learned counsel appearing for the first respondent, Mr. T.N.Rajagopalan, the learned Government Pleader (i/c) appearing for the third respondent petitioner and Mr. N.Ponraj, the learned counsel appearing for the fourth respondent. 2.
The petitioner has filed this Writ Petition, as a Public Interest Litigation, to take action against the fourth respondent, as he had engaged certain people to kill the stray dogs that are found wandering in the locality, for, he has a hatchery, and in the said hatchery, the stray dogs appears to be entering into it and eating the chickens that are grown in the hatchery.
3.
When the matter was taken up for hearing on 19.06.2017, the petitioner was directed to implead the Society for the Prevention of Cruelty to Animals, Coimbatore District, as party respondent in this Writ Petition. However, till date, it appears that no application for impleadment has been filed. 4.
The learned counsel for the fourth respondent would state that, the fourth respondent has not killed any stray dogs, and only on one occasion, when the dogs attempted to invade his hatchery, he had driven away the stray dogs, but, at no point of time, he killed the dogs, as alleged by the petitioner. 5.
Be that as it may, the petitioner's grievance is with regard to the killing of stray dogs. It would be advisable for the petitioner to lodge a complaint before the competent Authority, who shall look into the matter, and take necessary action, ensuring that no such killing of the stray dogs in the locality mentioned in the complaint takes place. 6.
Accordingly, this Writ Petition is disposed of, by directing the petitioner to approach the competent Authority by way of fresh complaint/representation along with a copy of this order, if still there is grievance, which has not been redressed, and the competent Authority shall look into the matter, and take appropriate action. No costs. Consequently, connected Writ Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sd
To 1.Animal Welfare Board of India, 13/1, Third Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai -41.
2.Humane Animal Society Rep. By Managing Trustee, Perks Arch Road, Uppilipalayam, Coimbatore-641015 3.The Inspector of Police, Pollachi Town Police Station, Pollachi Coimbatore District.
+1 cc to the M/s.Jayesh B.Dolia Advocate sr 89988 +1 cc the Govt Pleader sr 89919 +1 cc to the M/s.N.Ponraj Advocate sr 89722 W.P.No.15227 of 2017 aa05/01/2018