The Kennel Club Of India v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07-03-2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM And MP No.1 of 2014 The Kennel Club of India, Represented by its Secretary C.V.Sudarshan, Registered Office at Old No.89, New No.28, AA Block First Street, Anna Nagar, Chennai-600 040.

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Petitioner vs.

1.The Union of India, Represented by its Secretary, The Government, Department of Environment and Forest, New Delhi.

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2.The Secretary, Department of Animal Husbandry, Fort St. George, Chennai-9.

3.The District Collector Chennai, Collector's Office, Chennai-1.

4.The Animal Welfare Board of India, Represented by its Chairman, No.13/1, III Sea Ward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-41.

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Respondents Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to forbear from treating the dogs shown in the dog shows conducted by the petitioner as "Performing Animals" and thereby causing any disturbance, obstruction or disruption to the said shows.

For Petitioner : Mr.J.Chandran Sundar Sashi Kumar for Ms.Mythili Srinivas.

For Respondent-1 : Mr.V.Balasubramanian, Central Government Standing Counsel.

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For Respondents-2 and 3 : Mr.T.Arun Kumar, Additional Government Pleader.

For Respondent-4 : Mr.V.Kalyana Raman for M/s.Aiyar and Dolia.

O R D E R

Section 41 of the Tamil Nadu Chennai City Police Act, 1888 stipulates the power to regulate Assemblies, Meetings, Processions in public places etc.

2. The learned Additional Government Pleader, appearing on behalf of the respondents 2 and 3, made a submission that, except marriages and funerals, permission is required for conducting Meetings, Assemblies, Processions, Dog Shows etc., in public places. While-so, the permission from the Competent Authorities became mandatory.

3. However, the learned counsel for the petitioner states that they 3/6

are obtaining permission from the Competent Authorities whenever they conduct Dog Show in the public places.

4. That being the factum, the learned counsel for the petitioner has chosen to withdraw the present writ petition, as no further orders are required. Permission is granted. The learned counsel for the petitioner has also made an endorsement to the said effect.

5. In view of the submission made by the learned counsel for the petitioner and also the endorsement made by him in the bundle, the present writ petition stands dismissed as withdrawn. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is also dismissed.

07-03-2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

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To 1.The Secretary, Union of India, The Government, Department of Environment and Forest, New Delhi.

2.The Secretary, Department of Animal Husbandry, Fort St. George, Chennai-9.

3.The District Collector Chennai, Collector's Office, Chennai-1.

4.The Chairman, Animal Welfare Board of India, No.13/1, III Sea Ward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-41.

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S.M.SUBRAMANIAM, J.

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