Madras High Court
R.Vishnu Ram Saravanavel vs The Inspector Of Police on 7 September, 2022
W.P.No.18238 of 2021 &
W.M.P.No.19475 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.09.2022
Coram:
THE HONOURABLE MS.JUSTICE R.MANJULA
W.P.No.18238 of 2021 &
W.M.P.No.19475 of 2021
R.Vishnu Ram Saravanavel ...Petitioner
Vs
1. The Inspector of Police,
V5 – Thirumangalam Police Station,
3-4 School Road, D-Sector,
Anna Nagar (West) Extension,
Chennai – 600 101
2. The Deputy Commissioner of Police,
K-4, Anna Nagar Police Station,
3rd Avenue, Anna Nagar,
Chennai – 600 040
3. The Animal Welfare Board of India
Village – Seekri, Ballabhgarh, Faridabad,
Haryana – 121 004 ...Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance
of a Writ of Mandamus forbearing the respondent – police or his subordinates or
agents in any manner interfering with the petitioner's right for feeding of street
(stray) dogs in Anna Nagar, Chennai – 600 040 as the same is permitted by the
circular issued by the Animal Welfare Board of India dated 26.02.2015, as per
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W.P.No.18238 of 2021 &
W.M.P.No.19475 of 2021
guidelines set forth in Section II(3) relating to feeding of street dogs, without
intimidation from the respondent police and issue interim injunction restraining the
1st respondent herein or his subordinates acting through any one of them from
intimidating or preventing the petitioner's right for feedings of street dogs in terms
of the circulars of 3rd respondent dated 26.02.2015 pending disposal of the above
Writ Petition.
For Petitioner : Mr.K.M.Vijayan Senior Counsel for
Mr.S.P.Harikrishnan
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This Writ Petition has been preferred for issuance of a Writ of Mandamus
forbearing the respondent – police or his subordinates or agents in any manner
interfering with the petitioner's right for feeding of street (stray) dogs in Anna
Nagar, Chennai – 600 040 as the same is permitted by the circular issued by the
Animal Welfare Board of India dated 26.02.2015, as per guidelines set forth in
Section II(3) relating to feeding of street dogs, without intimidation from the
respondent police and issue interim injunction restraining the 1st respondent
herein or his subordinates acting through any one of them from intimidating or
preventing the petitioner's right for feedings the street dogs in terms of the
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W.P.No.18238 of 2021 &
W.M.P.No.19475 of 2021
circulars of 3rd respondent dated 26.02.2015 pending disposal of the above Writ
Petition.
2. The learned senior counsel for the petitioner submitted that the Animal
Welfare Board has issued a direction on 06.02.2015 stating that the street
animals, like, dogs can be fed and no law prohibits the same, but the 1st
respondent / police prevents the petitioner from feeding dogs and interfering with
his act of compassion once in fortnight and causing troubles.
3. The learned Additional Public Prosecutor for the respondents submitted
that since certain restrictions have to be followed at the time of lock down due to
Covid Pandemic and they were relaxed now. Since normalcy has been resumed,
now, no one will prevent the petitioner from feeding the dogs without harming /
disturbing the public and in accordance with the compliance of the guidelines
issued by the Hon'ble First Bench of this Court in the Judgment rendered in
V.E.Shiva Vs. Principal Secretary, Animal Husbandry, Dairying and
Fisheries Department, Chennai – 600 009 and another in W.P.No.11990 of
2021 dated 14.06.2021. In the said Judgment, in Paragraph No.7, it is observed
as under:-
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W.P.No.18238 of 2021 &
W.M.P.No.19475 of 2021
“7. It is necessary for the State, through its Animal Husbandry
Department or through the department that looks after municipalities
and corporations, to chalk out a plan of dealing with stray animals in a
humane manner, including of putting down animals which are in
distress or vaccinating such animals or even neutering them, if they
pose a threat as a result of increase in numbers. However, whatever
measures are suggested or adopted, there should be a humane and
ethical treatment of animals in this State, including providing for food in
the event the pandemic throws up further waves during which
lockdowns are declared and animals are left abandoned or without
food or the like. Any excess funds or animal feed that may be
available should be dealt with exclusively for the purpose of animals in
this State and their well-being.”
4. Since the petitioner is an animal lover, who volunteers to feed the animal
on the street in a compassionate manner, he need not be prevented by the
respondents, unless the act of kindness turns as a menace to other innocent
passers by and they got harmed or bitten by dogs. Since sufficient safeguards
have already been made in this regard, in view of the earlier order passed by the
Hon'ble First Bench of this Court in the Writ Petition stated supra and normalcy
also returned now, no further direction is needed.
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W.P.No.18238 of 2021 &
W.M.P.No.19475 of 2021
With the above observations, the Writ Petition is disposed of. Consequently,
connected Miscellaneous Petition is closed. No costs.
07.09.2022
Index : Yes / No
Internet : Yes / No
Speaking Order / Non Speaking Order
To
1. The Inspector of Police,
V5 – Thirumangalam Police Station,
3-4 School Road, D-Sector,
Anna Nagar (West) Extension,
Chennai – 600 101
2. The Deputy Commissioner of Police,
K-4, Anna Nagar Police Station,
3rd Avenue, Anna Nagar,
Chennai – 600 040
3. The Animal Welfare Board of India
Village – Seekri, Ballabhgarh, Faridabad,
Haryana – 121 004
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W.P.No.18238 of 2021 &
W.M.P.No.19475 of 2021
R.MANJULA, J.
ssd
W.P.No.18238 of 2021 &
W.M.P.No.19475 of 2021
07.09.2022
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