S.Sivakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN 1.S.Sivakumar 2.Priya Govindaraj 3.C.Sivakumar : Petitioners versus 1.The District Collector, 2.The Commissioner, Avadi Municipal Corporation, Avadi, Chennai 3.The Assistant Director, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, Tiruvallur Division, First Floor, Collectorate, Tiruvallur 602 001 4.The Member Secretary, Tamil Nadu Pollution Control Board, Head Office, No.76, Mount Salai, Guindy, Chennai 600032

5.The Tahsildar, Avadi Taluk, : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the 2nd respondent from completing the construction and commencement of the operation of the Animal Birth Control Centre in Survey Field No.320 in the Reddipalayam Village adjoining Konambedu and Narayanapuram Villages falling within the 33rd ward of the 2nd respondent/Avadi Municipal corporation for sterilization of stray and infected dogs and consequently direct the respondents to consider allotting the land to the nearby Avadi Municipal Higher Secondary School, Konambedu for playground purposes.

For Petitioners :

Mr.S.Sivakumar For Respondents :

Mr.A.Edwin Prabhakar, State Government Pleader assisted by Mr.M.Habeeb Rahman, Government Advocate, for respondents 1, 3 and 5 Mr.RA.Gopinath, Standing Counsel, for respondent No.2 Mr.V.Gunasekar, Standing Counsel, for respondent No.4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Establishment of a dog sterilisation centre in Survey Field No.320, Avadi Municipal Corporation, is being objected to through this public interest litigation, mainly on the ground of its location. According to the petitioners, it is very near to their houses. Reference has been made to Clause 4.2 which states the standard operating procedure framed by the authorities under the Animal Birth Control Rules.

2. Location of the birth control centre is designed to make it an easily accessible place. The relevant rules and guidelines provide for the manner in which such a centre is to be developed and other precautions to be taken, so that it does not affect the residents.

3. Only on the ground of location, challenge to establishment of the animal birth control centre cannot be accepted.

4. The learned State Counsel placing certain photographs before us would submit that huge establishment has come up by investing huge sums of public money.

5. No interference is called for in the establishment of animal birth control centre. The petition stands dismissed. There will be no order as to costs. Consequently, WMP Nos.45229 of 2025 is closed.

6. Since the petitioners have paid individual court fees, WMP No.45223 of 2025 filed to permit the petitioners to file a single writ petition is allowed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 05.11.2025 Index : Yes/No : Yes/No tar

To 1.The District Collector, 2.The Commissioner, Avadi Municipal Corporation, Avadi, Chennai 3.The Assistant Director, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, Tiruvallur Division, First Floor, Collectorate, Tiruvallur 602 001 4.The Member Secretary, Tamil Nadu Pollution Control Board, Head Office, No.76, Mount Salai, Guindy, Chennai 600032 5.The Tahsildar, Avadi Taluk,

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 05.11.2025