R.Varshini Vs the District Collector

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 5th Respondent to consider the petitioner’s representation dated 10.06.2025 and to relocate the existing Animal Birth Control Centre functioning at Thirukalimedu, Dump Yard, Kancheepuram of a safe unpolluted environment within appropriate location which is accessible for the veterinarians, Animal Birth Control Monitoring Committee Members and volunteers. So that a proper post operative care and medical support will be ensured to the animals undergoing birth control.

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For Petitioner(s)	: Mr.M.Gnanasekar
For Respondent(s) 1	: Mr.M.Shahjahan Special Government Pleader
For R2	: Mr.L.S.M.Hasan Fizal Additional Government Pleader
For R3 & 4	: Mr.V.Chandrasekaran Standing Counsel
For R5	: Mr.M.Suresh Kumar Additional Advocate General assisted by Mr.R.A.Gopinath Standing Counsel

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ORDER

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The grievance of the petitioner was that the Animal Birth Control (ABC) Centre functioning at Thirukalimedu, Kancheepuram Town is entirely unsafe and unfit for the said purpose. Mr.Gnanasekar, learned counsel for the petitioner pointed out that the Animal Birth Control Centre at Kancheepuram is situated within a dump yard and it is in total violation of Animal Welfare Board 2/15

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W.P. No.36152 of 2025

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guidelines and directions issued in terms of the Prevention of Cruelty to Animals

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Act, 1960.

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Taking into consideration the plea of Mr.Gnanasekar and the statement

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of Mr.M.Suresh Kumar, learned Additional Government Pleader appearing for Mr.R.A.Gopinath, learned Standing Counsel, I directed the Animal Welfare

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W.P. No.36152 of 2025 Board of India (AWBI) to conduct an inspection of the ABC Centre and submit a report. AWBI deputed one Senior Veterinary Consultant, one Vetrinary Surgeon and one Senior Veterinary Officer of the Tamil Nadu Animal Welfare Board to

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W.P. No.36152 of 2025 inspect the area and submitted a report. The three doctors who have inspected the area have stated that the ABC Centre is not situated within the prescribed distance. It states that the ABC Centre is approximately 1 km away from the

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nearest garbage dumping yard. They also pointed out that the ABC Centre is not

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functioning as on the date of inspection. The report further makes the following

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recommendations, the same is scanned and extracted hereunder:

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W.P. No.36152 of 2025 3. A copy of the recommendations was served by Mr.Chandrasekar on the

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learned counsel for the petitioner as well as Mr.Gopinath, learned Standing Counsel for Kancheepuram City Municipal Corporation. Taking note of the recommendations made by AWBI, I called upon the Kancheepuram City Municipal Corporation to file an undertaking affidavit assuring this Court that the recommendations of AWBI would be implemented before making ABC Centre functional. Mr.M.Suresh Kumar, learned Additional Advocate General sought time.

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I took up the matter today. Mr.M.Suresh Kumar, learned Additional Advocate General filed an affidavit of the Commissioner, Kancheepuram City Municipal Corporation. The affidavit states that they will strictly implement all the guidelines and instructions issued by the AWBI. The said affidavit is scanned and extracted hereunder:

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The undertaking given in paragraph nos.2 and 3 are recorded. Since, some of the recommendations involve financial implications, Mr.M.Suresh Kumar, learned Additional Advocate General, requests twelve weeks time.

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W.P. No.36152 of 2025 6. It is made clear that only after compliance of requirements as stated in

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paragraph 4, will ABC Centre be made functional. Once the twelve (12) recommendations have been implemented, the 5 th respondent will intimate the 4 th respondent. The 4 th respondent shall re-inspect the premises and confirm that its recommendations have been implemented and shall inform the 5 th respondent in case there are any deficiencies and if the requirement are complied, thereafter the ABC Centre may be made functional.

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7. The affidavit of undertaking is recorded. The writ petition is disposed of recording the same. Twelve weeks time from today is granted to the 5 th respondent to comply with the recommendations of AWBI as well as the instructions and guidelines which may come from the 4 th respondent from time to time. No costs. Consequently, the connected miscellaneous petitions are closed.

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17.12.2025

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Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mka

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W.P. No.36152 of 2025

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To: 1.The District Collector, District Collector Office, Kancheepuram District-631 501.