NEW JUDGMENT ON DOG IS A NUISANCE


PET IS A NUISANCE

CHENNAI: Justice Tamilvanan of Madras High Court has ruled that it is not permissible to grow pets (particularly dogs with barking nature) in a housing locality. For having pets appropriate permission from the municipality board of the respective district ought to have been obtained.

Facts of the case: One Mr. Vikram had 30 dogs in house (for sale purposes) in a residential area in circuit house road, Coimbatore. The dogs daily bark and howl in residential area. This causes nuisance for the neighbours and annoyed neighbours decided to take action and through one Dr. Jayavarthavavelu made a complaint before the Revenue Divisional Officer (RDO) and the RDO after enquiry passed order directing Vikram to remove the dogs causing nuisance. Vikram challenged the said order of RDO before the High Court Madras and argued that dogs are pet animals and growing pet animals cannot be called nuisance and the order of RDO is illegal.

Justice Tamilvanan held that the rules for having pets have not been followed in the case and due to the pets there has been chances of spreading of disease as the smell emulating from the bodies of the pets cause incurable diseases in the people of residential area. Moreover it would be a nuisance for the public living in residential area to hear the barking and howling sound often. Hence Justice Tamilvanan confirmed the order of the RDO and the case filed by vikram was dismissed. It was clearly ruled that dogs and other pet animals have to be grown in the locality only after obtaining proper written permission from the municipality board (as per the laws of Municipal Corporation) otherwise it is illegal.

Source: DINAMALAR (Tamil Online daily)

Date: 30.12.2009

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Published in Civil Law
Source : DINAMALAR- TAMIL ONLINE NEWSPAPER, INTERNET
Views : 1818








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