J.Preetha v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN J.Preetha ....

Petitioner Vs 1.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore.

2.The Health Inspector, Rathnagiri Nagar, Vilankurinchi, Ward No. 32 (East Division), Coimbatore.

3.J.Raj Bharath 4.J.Saraswathi ....

Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus directing the respondent No.1 and 2 to take an action under the Coimbatore City Municipal Corporation Act and to remove the dogs from the premises of respondent Nos. 3 to 4 situated at Door No. 2, Rathangiri Nagar, Vilankurichi, Coimbatore, by considering the petitioner representation dated 15.12.2020 and 23.12.2020.

For Petitioner : Mr.K.Myilsamy For R1 & R2 : Mr.K.Magesh Standing Counsel For R3 & R4 : Mr.C.Deepak Kumar

ORDER

This Writ Petition has been filed for a direction, directing the respondents 1 and 2 to take action as against the respondents 3 and 4 on the complaint dated 15.12.2020 alleging that the third and fourth respondents are running dog business, without any permission or license from the respondents 1 and 2 herein.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The respondents 3 and 4 are the neighbours of the petitioner. They are running dog selling business in the name and style of 'M/s.R.J.Dog Hostel and Pet Boarding'. Due to barging of dogs on day and night, the health related problems of the petitioner's parents has been now increasing. That apart, they are created nuisance. In this regard, the petitioner filed a suit in O.S.No.360 of 2021 on the file of the Additional District Munsif Court, Coimbatore, as against the respondents

3 and 4, which is still pending.

4. The learned counsel appearing for the respondents 3 and 4 would submit that they obtained permission under the Micro, Small and Medium Enterprises Development Act, 2006, from the authorities concerned.

5. In view of the above, if the respondents 3 and 4 cause any nuisance to the petitioner, the petitioner is at liberty to lodge a complaint before the concerned police station for appropriate action.

6. With the above direction, this writ petition stands disposed of. No costs.

30.10.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp To 1.The Commissioner,

Coimbatore City Municipal Corporation, Coimbatore.

2.The Health Inspector, Rathnagiri Nagar, Vilankurinchi, Ward No. 32 (East Division), Coimbatore.

Coimbatore.

G.K.ILANTHIRAIYAN, J.

Lpp 30.10.2024