Kerala High Court
Stray Dog Free Movement vs District Magistrate on 8 July, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 25155 OF 2017
PETITIONER/S:
STRAY DOG FREE MOVEMENT
REG.NO.EKM/TC/632/2015 REPRESENTED BY ITS
SECRETARY,DR.GEORGE SLEEBA,KCF TOWER,KAKKANAD,
KOCHI-682021.
BY ADV SMT.G.N.NISHA NAIR
RESPONDENT/S:
1 DISTRICT MAGISTRATE
CIVIL STATI0N ROAD,KUDDAPANAKUNNU,THIRUVANANTHAPURAM-
695043.
2 KARUMKULAM GRAMA PANCHAYAT
LOURDPURAM ROAD,PUTHIYATHURA,
THIRUVANANTHAPURAM-695526.
SRI. N.MANOJ KUMAR, STATE ATTORNEY FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 25155 of 2017 -2-
JUDGMENT
S. Manikumar, C.J.
Instant writ petition has been filed for the following reliefs:-
"i) To declare that the action under Section 133 Cr.PC can always be initiated upon receipt of police report or other information notwithstanding any other legal remedies that might be available to abate public nuisance in order to maintain public order and tranquility and in the interest of public;
ii) To issue appropriate writ, order or direction against Respondent No. 1 to compel him to perform his statutory duty enjoined by Section 133 Cr.PC on the ground that his failure to carry out the statutory duty to abate public nuisance will seriously undermine the Right to Life of the people in Pulluvila under his jurisdiction;
iii) To issue appropriate writ, order or directions directing Respondent No. 1 to invoke Section 133 Cr.PC in vulnerable areas under his jurisdiction based on police report or other information as necessary"
2. Ms. Nisha Nair, learned counsel for the petitioner submitted that the writ petition is not pressed.
W.P.(C) No. 25155 of 2017 -3-Placing on record the submission of the learned counsel for the petitioner, writ petition is dismissed as not pressed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE W.P.(C) No. 25155 of 2017 -4- APPENDIX OF WP(C) 25155/2017 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NEWS ITEM REGARDING THE DEATH OF SILUVAMMA IN PULLUVILA UNDER THE JURISDICATION OF RESPONDENT NO.1 AND 2 WHICH WAS REPORTED IN THE TIMES OF INDIA ONLINE NEWSPAPER DATED 21.08.2016 EXHIBIT P2 A TRUE COPY OF THE CIRCULAR NO.45151/RC3/2014/LDGD DATED 27.08.2016 RELEASED BY LOCAL SELF GOVERNMENT (RC)DEPARTMENT WHICH ENTRUSTS RESPONDENT NO.1 TO LEAD THE STRAY DOG CONTROL PROGRAMME EXHIBIT P3 A TRUE COPY OF THE NEWS ITEM REGARDING THE DEATH OF RAGHAVAN IN VARKALA UNDER THE JURISDICTION OF RESPONDENT NO.1 WHICH WAS REPORTED IN THE TIMES OF INDIA ONLINE NEWSPAPER DATED 27.10.2016 EXHIBIT P4 A TRUE COPY OF THE DATA REGARDING NUMBER OF DOG BITE VICTIMS FROM KERALA STATE HEALTH SERVICES DEPARTMENT PUBLISHED IN THE DECCAN CHRONICLE ONLINE NEWSPAPER DATED 5.11.2016 . EXHIBIT P5 A TRUE COPY OF THE NEWS ITEM REGARDINT THE DEATH OF KUNJIKRISHNAN IN ATTINGAL UNDER THE JURISDICATION OF RESPONDENT NO.1 WHICH WAS REPORTED IN THE TIMES OF INDIA ONLINE NEWSPAPER DATED 09.04.2017 EXHIBIT P6 A TRUE COPY OF THE MINUTES OF MEETING HELD ON 19.04.2017 BY ADDITIONAL CHIEF SECRETARY,FINANCE EXHIBIT P7 A TRUE COPY OF THE PETITIONER'S REQUEST DATED 26.04.2017 SUBMITTED BEFORE RESPONDENT NO.1 TO REMOVE PUBLIC NUISANCE AND PROVIDE IMMEDIATE REMEDY BY CONFINING OR DISPOSING DANGEROUS STRAY DOGS ATTACKING HUMANS AND LIVE- STOCK IN HIS JURISDICATION EXHIBIT P8 A TRUE COPY OF THE NEWS ITEM REGARDING THE DEATH OF JOSKLING IN PULLUVILA UNDER THE JURISDICTION OF RESPONDENT NO.1 AND 2 WHICH WAS REPORTED IN THE NEW INDIAN EXPRESS ONLINE NEWSPAPER DATED 22.05.2017 W.P.(C) No. 25155 of 2017 -5- EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 23.05.2017 SUBMITTED BY THE PEITIONER THROUGH VICAR,ST.JACOB'S FORANE CHURCH,PULUVILA BEFORE LSGD MINISTER AND WITH A COPY TO RESPONDENT NO.1 AND ITS ENGLISH TRANSLATION EXHIBIT P10 A TRUE COPY OF THE ARTICLE PUBLISHED IN KERALA KAUMUDI NEWSPAPER DATED 25.05.2017 AND ITS ENGLISH TRANSLATION.