IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 07.09.2022 Coram:

THE HONOURABLE MS.JUSTICE R.N.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 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 1^st 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 3^rd 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

O R D E R

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 1^st 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 circulars of 3^rd 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 1^st 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:-

“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 a