Petitioner sought a mandamus protecting her right to feed stray dogs in Pudukkottai. The court noted the Animal Birth Control Rules, 2023 had superseded the AWBI circular, recorded the Corporation's designated feeding locations and conditions, and required the petitioner to follow BBMP community-feeding guidelines.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.3542 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.03.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P.(MD)No.3542 of 2025
Kavitha
... Petitioner
vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Regional Joint Director, Animal Husbandry and Veterinary Department, Pudukkottai - 5.
3.The Commissioner, Pudukkottai Municipal Corporation, Pudukkottai.
4.The Superintendent of Police, Pudukkottai District, Pudukkottai.
5.The Inspector of Police, Ganeshnagar Police Station, Pudukkottai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the Respondents 2 and 3, his subordinates, agents, in any manner interfering with the petitioner’s right for feeding of stray dogs in Pudukkottai in the light of the circular issued by the Animal Welfare Board of India, dated 26.02.2015, under Section II(3) relating to feedings of stray dogs and
1/10
W.P.(MD)No.3542 of 2025
ensure the petitioner’s right to feed to the stray dogs by considering the petitioner’s representation, dated 08.01.2025.
For Petitioner :Mr.R.Balasubramanian For R1 and R2 :Mr.G.Suriyananth Additional Government Pleader For R3 :Mr.K.R.Kishore Ram For R4 and R5 :Mr.M.Karunanithi Government Advocate *****
O R D E R
The petitioner seeks for a Writ of Mandamus, to forbear the Respondents 2 and 3 or their men in any manner interfering with the petitioner’s right for feeding of stray dogs in Pudukkottai in the light of the circular issued by the Animal Welfare Board of India, dated 26.02.2015, relating to feeding of stray dogs.
2.The petitioner claims that she is running a trust indulging in social service. One amongst it being feeding stray dogs and other animals in Pudukottai. She states that she is following the circulars of the Animal Welfare Board of India at the time of feeding. She further states that whenever a stray dog is injured, she immediately attends to the dog by giving it appropriate treatment.
2/10
W.P.(MD)No.3542 of 2025
3.She states that on 24.07.2023, while she was feeding stray dogs, certain persons attacked her violently resulting in a complaint being registered in Cr.No.233 of 2023 on the file of the Inspector of Police, Ganeshnagar Police Station, Pudukottai District. She claims that under Article 51A of Constitution of India, it is her duty to take care of stray animals and that she is merely fulfilling this duty. This is being objected by the respondents as well as by private parties. She states that she gave a representation to the respondents on 08.01.2025 and as there was no effective response to the same, she has come forward with the present Writ Petition.
4.When the matter came up for admission, Mr.G.Suryananth, learned Additional Government Pleader took notice for the respondents No.1 and 2, Mr.K.R.Kishore Ram took notice for the third respondent and Mr.M.Karunanithi, learned Government Advocate, took notice for the respondents No.4 and 5.
5.I pointed out to, the petitioner as well as to Mr.K.R.Kishore Ram, that the Union of India has come out with the “Animal Birth Control Rules, 2023” and that these Rules are statutory in nature. They have been issued in the exercise of Section 38(1)(ea) and 38(2) of
3/10
W.P.(MD)No.3542 of 2025
the Prevention of Cruelty to Animals Act, 1960 and therefore, the reference to the guidelines given by the Animal Welfare Board might not be relevant as on today.
6.Mr.K.R.Kishore Ram, taking notice of the statutory rules brought forth by the Central Government, stated that he will bring it to the notice of the third respondent and come up with locations, where the petitioner can feed stray animals.
7.When the matter is taken up today, Mr.K.R.Kishore Ram has produced the communication sent by the Commissioner, Pudukottai Corporation to him. The said instructions are extracted hereunder:
“jpUkjp.v.ftpjh vd;gtu;> ghu;it 1-y; fhZk; tptug;gb> njU eha;fSf;F mtu; cztspg;gij jLg;gjhf $wp khz;gik nrd;id cau;ePjpkd;w kJiu fpisapy; tof;F njhlu;e;Js;shu;. mjdpy; 3-k; gpujpthjpahf GJf;Nfhl;il khefuhl;rp Mizahsu; Nru;f;fg;gl;Ls;s epiyapy;> ,J njhlu;ghf fPo;fhZk; tpgug;gbahd Animal Bith Control - 2023- d;gb fPo;fz;l epge;jidfs; njuptpf;fg;gLfpwJ.
1.Foe;ijfs; tpisahLk; ,lk; kw;Wk; tajhdtu;fs; elkhLk; ,lq;fSf;F njhiytpy; ,Uf;f Ntz;Lk;.
2.czT toq;Fk; Neuk; gs;sp Foe;ijfs;> taJ Kjpe;jtu;fs; kw;Wk; tpisahl;Lf;fs; elf;Fk; Neuk; jtpu;j;J gpw Neuq;fspy; ,Uf;f Ntz;Lk;.
3.njU eha;fs;> guhkupg;gw;w eha;fSf;F czT toq;f jq;fSf;fhd xJf;fg;gl;l ,lj;jpy; czT toq;fNtz;Lk;. czTfis fz;l ,lq;fspy; J}f;fp vupaf;$lhJ me;j ,lj;ij Rj;jkhfTk; guhkupf;f Ntz;Lk;.
4.jq;fshy; guhkupf;fg;gLk; njU eha;fSf;F jLg;G+rp NghLtjw;Fk;> fUj;jil rpfpr;ir nra;tjw;Fk; mDkjpf;f Ntz;Lk;.
4/10
W.P.(MD)No.3542 of 2025
5.gpuhzpfSf;F cztspf;Fk; egu; cztspf;Fk; tpguj;jpidAk; jLg;G+rp NghLk; tpguj;jpidAk; gpuhzpfs; eythupaj;jpw;F clDf;Fld; njuptpf;f Ntz;Lk;.
Nkw;fz;l epge;jidfs; midj;Jk; filgpbj;J> njU eha;fSf;F cztspf;Fk; epiyapy;> ,j;Jiwapd;top vt;tpj Ml;rNgidAk; ,y;iy vdTk;> njU eha;fSf;F ghJfhg;ghf cztspf;fTk;> nghJkf;fSf;F vt;tpj ,ilA+W ,y;yhky; czT toq;f GJf;Nfhl;il khefuhl;rp fPo;fz;l ,lq;fs; Njh;T nra;ag;gl;Ls;sJ.
| t.vz; | ,lq;fs; | GPS; | tpguk; |
|---|---|---|---|
| 1 | jpUfl;lis NuhL> fhe;jpefh; jz;zPh; njhl;b mUfpy; |
;; Latitude – Longitude- |
10.37526 78.836403 |
| 2 | rkj;tGuk; | Latitude – Longitude- |
10.455306 78.816386 |
| 3 | ehpNkL mLf;F khb FbapUg;G mUfpy; |
; Latitude - Longitude- |
10.404681 78.820863 |
| 4 | Fd;dtay; | Latitude – Longitude- |
10.394558 78.79204 |
| 5 | nry;iyah Nfhtpy; mUfpy; |
; ; Latitude - Longitude- |
10.361408 78.822203 |
| 6 | mz;lf;Fsk; NuhL fhy;eil tsh;g;G mUfpy; |
;; Latitude – Longitude- |
10.411169 78.830757 |
| 7 | G+rj;Jiu nts;shw;Wg; ghyk; mUfpy; |
; ;;; Latitude – Longitude- |
10.348658 78.791564 |
| 8 | JJfy;Y}hp Kdre;ij NuHL |
; ; Latitude – Longitude- |
10.328943 78.777053 |
| 9 | 9Bej;jk; gz;iz | Latitude – Longitude- |
10.380262 78.801531 |
| 10 | nghw;giz Nfhl;il NuhL |
; ; Latitude – Longitude- |
10.385899 78.849357 |
| 11 | Gy; gz;iz | Latitude – Longitude- |
10.365094 78.820722 |
5/10
W.P.(MD)No.3542 of 2025
8.The said instructions contained not only the locations, where
the petitioner can foot stray animals across the Corporation of Pudukottai, but has also imposed conditions.
9.Mr.R.Balasubramanian states that the petitioner is agreeable
to abide by the conditions imposed by the Pudukottai Corporation. In addition, he states that he will comply with the guidelines, that have
been given by the Bruhath Bengaluru Mahanagara Palike, dated 22.07.2024, for community feeders for stray animals in Bengaluru. The guidelines are extracted hereunder:
“1.Please take up feeding animals only if you are able to maintain continuity. Gaps in feeding can make dogs and cats restless & at times aggressive.
2.Please take up feeding if you are financially sound to maintain continuity on your own.
3.Please take up feeding only if you can personally oversee the feeding activity to maintain accountability in case of issues.
4. Please take up feeding if you can provide one full healthy meal per animal per day.
5.Avoid alternate day feeding in places where there is no food source for animals.
6.Always keep a document about animal laws handy.
7.Do not go inside anybody's property to feed without permission.
8.Know your rights, and invest in a bodycam for your own safety. Keep your mobile with you always.
9.Avoid feeding community animals in extreme timings i.e. after 11:30PM or before 5AM unless there is a beat police around to provide protection in your area.
10.Avoid venturing alone to feed in places that are isolated.
11.Avoid feeding community animals; raw meat, biscuits with high sugar content as this makes the dogs hyperactive.
6/10
W.P.(MD)No.3542 of 2025
12.If possible, please use reusable plates and clean the place post feeding rounds.
13.Avoid leaving the leftover food on the curb side as this can create rodent issues in societies.
14.If you are feeding community animals of your society then please get feeding spots assigned with the help of association president and BBMP and feeding in assigned spots only.
15.Avoid feeding community animals in front of anybody's house, entrance or exit of a society, basement parking area, children's play area and in common areas frequented by public. [a]
16.Avoid feeding at a time when public density is high as dogs tend to get protective about their food.
17.Feed dogs in their own territory, do not bundle them in one single place & feed.
18.Avoid getting into altercations and opt for peaceful mediation with residents. Take help of BBMP zonal AD in case of situations that can wait till next day. Take help of police only in extreme situations.
19.If you are feeding in an education institution / tech park / any other gated campus where you are not a student / employee / resident, then we recommend you to take written permission from the respective officials of the premises to avoid trespassing charges.
20.Please coordinate with BBMP officials of your zone to get the dogs you are feeding: vaccinated & neutered.
21.Socialize with other feeders in your area, to manage back-up requirements in case of an unforeseen circumstance.”
10.A reading of the conditions imposed by the Commissioner of
Pudukottai Corporation as well as those issued by the Chief Commissioner, Bruhath Bengaluru Mahanagar Palike in case strictly adhered to, grants sufficient protection to the petitioner as well as to the elderly, the children and the resident public.
11.Accordingly, this Writ Petition is disposed of recording the
7/10
W.P.(MD)No.3542 of 2025
instructions given by the Commissioner, Corporation of Pudukottai. In addition, the petitioner shall also comply with the conditions No.1 to 21, extracted above, issued by the Chief Commissioner, Bruhath Bengaluru Mahanagar Palike. In case, if the petitioner encounters any difficulty in feeding animals in any of the locations identified by the Commissioner, Pudukotai Corporation, it is always open to the petitioner to identify any other places without breaching the conditions imposed by this order and if the Commissioner finds the suggested places suitable, he shall permit the petitioner to feed animals in those places also. No costs.
Index :Yes / No 27.03.2025 Internet :Yes / No NCC :Yes / No
cmr
8/10
W.P.(MD)No.3542 of 2025
To
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Regional Joint Director, Animal Husbandry and Veterinary Department, Pudukkottai - 5.
3.The Commissioner, Pudukkottai Municipal Corporation, Pudukkottai.
4.The Superintendent of Police, Pudukkottai District, Pudukkottai.
5.The Inspector of Police, Ganeshnagar Police Station, Pudukkottai District.
9/10
W.P.(MD)No.3542 of 2025
V. LAKSHMINARAYANAN, J.
cmr
W.P.(MD)No.3542 of 2025
27.03.2025
10/10
1 issue framed by the court
Whether respondents could interfere with the petitioner's right to feed stray dogs in Pudukkottai under the Animal Welfare Board of India circular?
3 provisions across 2 enactments
Kavitha
The District Collector, Pudukkottai District
The Regional Joint Director, Animal Husbandry and Veterinary Department, Pudukkottai
The Commissioner, Pudukkottai Municipal Corporation
The Superintendent of Police, Pudukkottai District
The Inspector of Police, Ganeshnagar Police Station
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
