Treasa Vinda vs The Secretary
2023 Latest Caselaw 1753 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                      WP(C) NO. 2347 OF 2023
PETITIONER:
          TREASA VINDA
          AGED 76 YEARS
          W/O. LATE. R.F GERARD VINDA TC 34/1715 (3),
          CHEELANTHI MOODU PURAYADAM, OPP. FCI GODOWN,
          KOCHUTHOPU, VALAKADAVU P.O, THIRUVANANTHAPURAM,
          PIN - 695008
           BY ADV A.CHANDRA BABU

RESPONDENTS:
    1     THE SECRETARY
          MUNICIPAL CORPORATION OF THIRUVANANTHAPURAM, OPP.
          TO MUSEUM, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM,
          PIN - 695033
    2     THE VETERINARY SURGEON
          MUNICIPAL CORPORATION OF THIRUVANANTHAPURAM, OPP.
          TO MUSEUM, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM,
          PIN - 695033
    3     THE HEALTH INSPECTOR
          CHAKKA BEACH CIRCLE, THIRUVANANTHAPURAM
          CORPORATION, CHAKKA P.O, THIRUVANANTHAPURAM, PIN -
          695024
    4     ASSISTANT COMMISSIONER OF POLICE (SHANGUMUKHAM)
          PALAYAM AIRPORT RD, SHANGUMUKHAM, KANNANTHURA,
          THIRUVANANTHAPURAM, PIN - 695008
    5     THE SHO
          VALIYATHURA POLICE STATION, PALAYAM AIRPORT RD,
          SHANGUMUKHAM, KANNANTHURA, THIRUVANANTHAPURAM, PIN
          - 695008
           BY SRI.SUMAN CHAKRAVARTHY-SC

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.02.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                       2


W.P.(C) No.2347 of 2023




                                 JUDGMENT

Dated this the 1st day of February, 2023.

This writ petition is filed seeking the

following reliefs:-

"i.To issue a writ of mandamus or any other order or direction directing the 1st respondent to pay an amount of Rs.10 lakh towards compensation for the illegal act committed by the 1st respondent. ii. To issue a writ of mandamus or any other order or direction directing the 1st respondent not to auction the petitioner's pet dogs as it will result in gross

miscarriage of justice. "

I am of the opinion that in the light of

Exhibit P1 judgment rendered by this Court, a writ

petition of this nature is not maintainable before this

Court, at the instance of the petitioner. It is for the

petitioner to approach the 1st respondent with an

appropriate request for the release of the dogs, which

will be considered in accordance with law.

Leaving open the contentions of the parties

W.P.(C) No.2347 of 2023

to be decided in the appropriate proceedings, the writ

petition is closed, with liberty to the petitioner to

approach the respondents with request for release of

the dogs on appropriate conditions. The contentions

of the petitioner with regard to all other reliefs are left

open.

Sd/-

ANU SIVARAMAN JUDGE SSK/01/02

W.P.(C) No.2347 of 2023

APPENDIX

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 03.07.2020 PASSED BY THIS HON`BLE COURT IN WPC NO. 20800/2017 . Exhibit P2 TRUE COPY OF AGREEMENT DATED 28.12.2017 BETWEEN THE MR. ABHIJITH AND MR.ROLLAND SILVA Exhibit P3 TRUE COPY OF THE NOTICE DATED 10.01.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF NOTICE DATE 18.01.2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER INTIMATING THE AUCTION OF PETS ON 24.01.2023 Exhibit P5 TRUE COPY OF THE AUTHORIZATION LETTER ISSUED BY THE PETITIONER DATED 24.01.2023 Exhibit P6 TRUE COPY OF THE TOKEN ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER`S DAUGHTER IN LAW Exhibit P7 TRUE COPY OF THE RECEIPT DATED 24.01.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT