Andal Avenue Welfare Association v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.10792 of 2023 Andal Avenue Welfare Association Rep. by its President Mr.Ganesh Parimelazhagan ... Petitioner Vs.

1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai.

2.The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai - 600 007.

3.Animal Welfare Board of India, 13/1, Third Seward Road, Valmiki Nagar, Thiruvanmiyur, Chennai - 600 041.

4.The Revenue Divisional Office (South), Anna Salai, Guindy, Chennai 600 032.

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5.The Inspector of Police, J13, Tharamani Police Station, Kanagam, Tharamani, Chennai - 600 113.

6.Hemalatha ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 5 to remove all the stray dogs kept in the premises of the sixth respondent and hand over the stray and high breed dogs to the Blue Cross Society or to any other recognised Animal Welfare Organisations or any Government Organisations within a reasonable time fixed by this Hon'ble Court.

For Petitioner : Mr.D.S.Ramesh For Respondents : M/s.P.T.Rama Devi for R1 Mr.U.Baranidharan for R2, R4 and R5 Additional Government Pleader Mr.V.Chandrasekaran for R3 Mr.V.Sudhan for R6

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 to 5 to remove all the stray dogs kept in the premises of the sixth respondent and hand over 2/6

the stray and high breed dogs to the Blue Cross Society or to any other recognised Animal Welfare Organisations or any Government Organisations within a reasonable time fixed by this Court. 2.The case of the petitioner is that the petitioner is the President of Andal Avenue Welfare Association and there are more than 50 houses in Andal Avenue Area. The sixth respondent recently came to the area after purchasing a house and she brought more than 30 high breed and stray dogs to her residence in the name of providing shelter to the dogs. At present there are more than 90 dogs in her house causing considerable hardship for the other residents.

Hence, the petitioner made representation/ complaint to the respondents 1, 2, 4 and 5 to take necessary action against the sixth respondent and since there was no response, has filed this writ petition. 3.The learned counsel appearing for the petitioner submitted that now there are more than 90 dogs available in the premises of the sixth respondent and the dogs are continuously barking, thereby, the residents of the Andal Avenue Area are not able to live in a peaceful atmosphere.

sixth respondent and hand over the stray and high breed dogs to the Blue Cross Society or to any other recognised Animal Welfare Organisations or any Government Organisations. 4.The learned counsel appearing for the sixth respondent, on instructions, submitted that the sixth respondent will retain 10 dogs as liked by her and the remaining dogs will be shifted to a far away place. 5.The submission made by the learned counsel appearing for the sixth respondent was considered by the learned counsel appearing for the petitioner.

6.In view of the above, this Court directs the Official respondents to ensure that the sixth respondent shifts all the dogs except the 10 dogs as identified by her from her residence to a far away place, within a period of eight weeks from the date of receipt of a copy of this order. If the sixth respondent fails to shift the dogs, within the stipulated time, the Official respondents shall shift all the dogs except 10 dogs as identified by the sixth respondent from her residence in Andal Avenue Area.

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7.With the above observations, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

29.11.2023 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai.

2.The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai - 600 007.

3.Animal Welfare Board of India, 13/1, Third Seward Road, Valmiki Nagar, Thiruvanmiyur, Chennai - 600 041.

4.The Revenue Divisional Office (South), Anna Salai, Guindy, Chennai 600 032.

5.The Inspector of Police, J13, Tharamani Police Station, Kanagam, Tharamani, Chennai - 600 113.

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M.DHANDAPANI,J.

pri And W.M.P.No.10792 of 2023 29.11.2023 6/6