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2025 DAILYLAW 34821 (MAD)

NATESAN v. THE COMMISSIONER

WP/9041/2025 · 2025-03-18

J Sathya Narayana Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.9041 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.03.2025 CORAM: THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.9041 of 2025 P.Natesan ...Petitioner -Vs- 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai-3. 2.The District Health Officer, Greater Chennai Corporation, Rippon Building Chennai-3. 3.The Zonal Health Officer, Zone-8, Greater Chennai Corporation, Shenoy Nagar, Chennai-30. 4.The Commissioner of Police, Chennai. 4.The Inspector of Police, Ayanavaram Police Station, Chennai-23. 5.Kannagi @ Sudha ...Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.No.9041 of 2025 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus to to direct the respondents herein to consider the petitioner's representation dated 16.12.2024 and remove the stray dogs and cats in the property and shift them to any recognized Animal Welfare Organization. For Petitioner : Mr.P.Arumugavel For Respondents : Mr.K.Ashwini Devi Senior Counsel for R1 to R3 Mr.R.Kishore Kumar Government Advocate (Crl side) for R4 & R5 O R D E R The writ petition has been filed seeking to direct the respondents herein to consider the petitioner's representation dated 16.12.2024 and remove the stray dogs and cats in the property and shift them to any recognized Animal Welfare Organization. The brief facts of the case are as follows: 2.The petitioner is the owner of the property located at Old No.27/8, 2/6 https://www.mhc.tn.gov.in/judis W.P.No.9041 of 2025 New No.43, Raji Street, Ayanavaram, Chennai 23, who rented out the first floor to the 5th respondent in 2018 under a rental agreement. The petitioner has received multiple complaints from neighbors regarding the 5th respondent's keeping of around 10 stray dogs and 15 stray cats in the residence, causing severe nuisance. Upon verification, the petitioner found the property in a dirty and unhygienic condition, with the animals creating a disturbance, including constant barking and aggressive behavior. The pets were not properly vaccinated, and their waste was not disposed of, leading to foul smells and public safety concerns. Despite several representations to the authorities in 2019, 03.06.2023, and 16.12.2024, no action has been taken against the unlawful actions of the 5th respondent, causing significant public nuisance and property damage. Hence, the writ petition. 3.The learned counsel appearing for the petitioner submitted that due to this dogs and cats in the residence of the 5th respondent it is creating nuisance to the local residents, leading them to not be able to move freely in the area. He further submitted that he has given a representation in this regard dated 16.12.2024 to the respondents 1 to 3. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.9041 of 2025 4.Learned Standing Counsel appearing for the respondents 1 to 3 Corporation submitted that the representation of the petitioner will be considered by the 3rd respondent on merits and in accordance with law within the time frame that may be stipulated by this Court. 5.Heard both sides and perused the materials available on record. 6.The 3rd respondent is directed to consider the above said representation of the petitioner dated 16.12.2024 after give due notice to the petitioner as well as the respondents, opportunity of personal hearing, on merits and in accordance with law within period of eight weeks from the date of receipt of a copy of this order. 7.Accordingly, the writ petition stands disposed of. No costs. 18.03.2025 vsn Index : Yes / No Speaking / Non-Speaking Order 4/6 https://www.mhc.tn.gov.in/judis W.P.No.9041 of 2025 To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai-3. 2.The District Health Officer, Greater Chennai Corporation, Rippon Building Chennai-3. 3.The Zonal Health Officer, Zone-8, Greater Chennai Corporation, Shenoy Nagar, Chennai-30. 4.The Commissioner of Police, Chennai. 4.The Inspector of Police, Ayanavaram Police Station, Chennai-23. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.9041 of 2025 J.SATHYA NARAYANA PRASAD, J. vsn W.P.No.9041 of 2025 18.03.2025 6/6 https://www.mhc.tn.gov.in/judis