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2024 Supreme(Online)(KER) 54464

HIGH COURT OF KERALA
P. G. Ajithkumar, J
T.M.IRSHAD – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) 22330/2017



Advocates:
SRI.PRAJIT RATNAKARAN, SRI.E.MOHAMMED SHAFI, GOVERNMENT PLEADER SRI.K.K.CHANDRAN PILLAI (SR.), SRI.PHIJO PRADEESH PHILIP, SMT.S.AMBILY, SMT.M.MEENA JOHN, SRI.K.R.AVINASH (KUNNATH), SRI.ABDUL RAOOF PALLIPATH, SMT.S.AMBILY, SRI.JIKKU SEBAN GEORGE, SRI.B.S.SYAMANTAK, SRI.K.K.CHANDRAN PILLAI SR.

The court emphasized the need for local authorities to regulate the keeping of stray dogs to balance animal welfare with public safety, allowing an individual to apply for a license under stringent conditions.

Headnote:(A) Prevention of Cruelty to Animals Act, 1960 - Animal Birth Control Rules, 2023 - Kerala Municipality Act, 1994 - Writ petitions filed against the activities of an individual keeping stray dogs in a residential area, causing nuisance and health hazards to residents - Court emphasized the need for balance between animal welfare and public safety, allowing the individual to apply for a license to keep dogs under stringent conditions. (Paras 1, 11, 14)

(B) Human-Dog Conflict - The court recognized the ongoing conflict between dog lovers and residents affected by stray dogs, highlighting the necessity for local authorities to regulate the keeping of stray dogs to prevent public nuisance. (Paras 2, 13)

Facts of the case:
The petitioners, residents of Muzhathadam Ward, filed writ petitions against Rajeev Krishnan, who kept numerous stray dogs, leading to hygiene issues and public fear of dog attacks. (Paras 3, 4)

Findings of Court:
The court found that Rajeev Krishnan must apply for a license to keep stray dogs, which will be considered by the local authorities under the relevant laws. (Paras 14)

Issues: The main issues included the legality of keeping stray dogs in residential areas and the balance between animal welfare and public safety. (Paras 8, 12)

Ratio Decidendi: The court ruled that while animal welfare is important, it should not compromise public safety, and local authorities must regulate the keeping of stray dogs. (Paras 11, 14)

Result: Writ petitions disposed of with directions for Rajeev Krishnan to apply for a license. (Para 15)

Table of Content
1. petitioners filed against rajeev krishnan (Para 3)
2. rajeev krishnan's activities with stray dogs (Para 4 , 5)
3. petitioners reiterated the contentions (Para 6 , 7)
4. court's consideration of dog lovers (Para 8)
5. apex court's orders regarding stray dogs (Para 9)
6. clarification of apex court's order (Para 10)
7. salient abc rules of rules 2023 (Para 11 , 12 , 13 , 14 , 15)

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 ag

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