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2024 Supreme(Ker) 166

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. Kunhikrishnan, J.
T.M. Irshad and Ors. – Petitioners
Versus
The State of Kerala Represented By Secretary To Government, Health And Family Welfare Department And Ors. – Respondents
W.P.(C.) Nos. 22330 of 2017 & 36807 of 2015
Decided On : 29-02-2024

Advocates:
Advocate Appeared:
For the Petitioner: Sri. Prajit Ratnakaran, Sri.E.Mohammed Shafi, Sri.K.R.Avinash (Kunnath), Sri.Abdul Raoof Pallipath
For the Respondent: Sri.K.K.Chandran Pillai (Sr.), Sri.Phijo Pradeesh Philip, Kannur Municipal Corporation, Smt.S.Ambily, Sri.Jikku Seban George, Government Pleader, Sri.B.S.Syamantak, Smt.M.Meena John, SC

The duty of local self-government authorities to monitor stray dogs, the necessity of obtaining a license to keep dogs, and the importance of imposing stringent conditions in tune with the relevant rules and acts while granting licenses to dog lovers.

Headnote:

Stray Dogs - Human-Dog Conflict - Prevention of Cruelty to Animals Act, 1960, Animal Birth Control Rules 2023, Kerala Municipality Act, 1994 - The court considered the gravity of the threat from stray dogs to human beings and the legal provisions under the Prevention of Cruelty to Animals Act, 1960, Animal Birth Control Rules 2023, and Kerala Municipality Act, 1994. The court emphasized the duty of local self-government authorities to monitor stray dogs, the necessity of obtaining a license to keep dogs, and the importance of imposing stringent conditions in tune with the relevant rules and acts.

Fact of the Case:

Residents of Muzhathadam Ward filed writ petitions against Rajeev Krishnan, an animal lover, for maintaining a large number of stray dogs in an unhygienic manner, causing nuisance and health hazards to the locality. The court considered the conflict between the residents and the dog lover, and the question of endorsing Rajeev Krishnan's activities.

Finding of the Court:

The court acknowledged the conflict between human beings and stray dogs, the duty of local self-government authorities to monitor stray dogs, and the necessity of obtaining a license to keep dogs. The court emphasized the importance of imposing stringent conditions in tune with the relevant rules and acts while granting licenses to dog lovers.

Issues: The issues revolved around the activities of Rajeev Krishnan in maintaining stray dogs, the grievances of the residents, and the legal provisions under the Prevention of Cruelty to Animals Act, 1960, Animal Birth Control Rules 2023, and Kerala Municipality Act, 1994.

Ratio Decidendi: The court's decision was influenced by the duty of local self-government authorities to monitor stray dogs, the necessity of obtaining a license to keep dogs, and the importance of imposing stringent conditions in tune with the relevant rules and acts while granting licenses to dog lovers.

Final Decision: The court directed Rajeev Krishnan to file an application for a license to keep stray dogs, and if such an application is received, the Corporation of Kannur will consider the same and pass appropriate orders granting a license in accordance with law after imposing stringent conditions in tune with ABC Rules 2023 and Act 1994. If no license application is filed within the prescribed time, the Corporation authorities will take steps to remove stray dogs kept in the property of Mr. Rajeev Krishnan. The court also urged the state government to frame guidelines or legislation to give licenses to individual dog lovers to maintain stray dogs in consultation with the Union government.

JUDGMENT :

“Barking dogs seldom bite” is an English proverb. But in reality, it may not be correct in our state atleast. Human-dog conflicts are taking place at regular intervals leading even to law and order problems in our State. If we read the newspapers, we can see regular news in which there is an attack from stray dogs towards small children, youngsters and even old people. If anybody says against this barbaric attack of stray dogs against human beings, they will be treated as inhuman persons towards animals. The animals should be protected, but of course not at the cost of human beings. It is scary to see the photographs of injured small children, youngsters and old people in newspapers because of the attack from stray dogs. A solution is necessary for this.

2. This court and the Apex court considered the gravity of this threat from stray dogs to the human beings in several cases. But even then, the threat from these stray dogs towards the human beings is continuing. A section of the people is against the stray dogs and their demand is to kill those dangerous dogs. On the other hand, there are dog lovers and they are fighting for these stray dogs. That is why, I said that there is conflict between the human-dogs.

3. These two writ petitions are filed by the residents of the Muzhathadam Ward in Kannur District. The grievances of the petitioners, in these cases, are against the activities of the 5th respondent in W.P.(C) No.22330/2017 who is the 4th respondent in W.P.(C) No.36807/2015. Hereinafter I will mention him by name, Rajeev Krishnan, because his rank is different in these cases. Rajeev Krishnan is an animal lover. Whenever there is an attack against the stray dogs in the street and they are injured from the street, Rajeev Krishnan will take care of them in his house. The petitioners in W.P.(C) No.22330 of 2017 are the Convener and the Joint Convener respectively of ‘Janakeeya Koottayma’, an association formed by a group of people in Muzhathadam Ward in Kannur District. The petitioners in W.P.(C) No.36807 of 2015 are the residents of Muzhathadam Ward in Kannur District. It is submitted that Muzhathadam Ward within the Kannur Corporation is a thickly populated residential area having several houses within the short distance.

4. Rajeev Krishnan is residing in house No. 14/71 of Muzhathadam ward. It is submitted that for the last three years, Rajeev Krishnan is keeping several stray dogs in his house. Whenever a stray dog is affected with illness or met with an accident or is having infirmity, those dogs were brought to the house of Sri.Rajeev Krishnan and he has been keeping all those dogs in his house. It is submitted that, initially there were only a few dogs in his house and that was not much of a problem for the residents. But later on, when the number of dogs increased, Rajeev Krishnan was not able to nurture them in a proper manner and the place has become very unhygienic and filthy and foul smell started emanating from the house causing nuisance to the people of the locality. It is also submitted that during day and night, the dogs used to bark in high volume causing sound pollution also in the locality. Since the dogs were not kept in the cages, it used to wander in the locality and many times, it was noticed that the leather chappals and other items from the house were bitten and damaged by the dogs. It is further submitted that the children are also afraid of being affected with diseases and health hazards from these dogs. Therefore, it is submitted that the residents of the locality are undergoing a lot of trauma and mental agony due to the activities of Rajeev Krishnan. Therefore, the people started agitation. Several complaints were filed. A meeting was held at the Collectorate Office, Kannur on 28.09.2016 by inviting the petitioners and others and the respective officials in Kannur District in the presence of Rajeev Krishnan. Ext.P3 produced in W.P.(C) No.22330/2017 is the proceedings of the meeting held at

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