RAMLA ASHRAF Vs. VELLANGALLUR GRAMA PANCHAYATH; HEALTH OFFICER RURAL HEALTH SUPERVISOR, PRIMARY HEALTH CENTRE

JUDGEMENT

(1.) Ext.P8 order dated 14.12.2015 passed by the Health Officer Rural attached to Primary Health Centre, Vellangallur is confirmed by the impugned judgment in writ petition No.39479 of 2015. Both the orders are assailed by the unsuccessful writ petitioner.

(2.) The appellant/writ petitioner is rearing a dog in a kennel which is constructed on the western side of her house. The third respondent is the neighbour of the appellant. He lodged Ext.P5 complaint before the second respondent with the allegation that the kennel is not adequately cleaned and consequently foul smell emanates. The third respondent is suffering from great nuisance caused by the dog. On an earlier occasion, an order came to be passed against the appellant by the concerned authorities for shifting the kennel. The said order was questioned by the appellant in W.P(C).No.18375 of 2015, wherein this Court directed the concerned authorities to re-hear the parties and pass appropriate orders. Accordingly, the parties were heard and Ext.P8 dated 14.12.2015 was passed directing the appellant to demolish the kennel and to obtain licence for rearing the dog. Being aggrieved by the said order of the Health Supervisor, Writ Petition No.39479 of 2015 came to be filed, which was dismissed by the impugned order.

(3.) Learned counsel for the appellant submits that since the learned Single Judge has directed to shift the kennel to any other side of the house, it may not be necessary for the appellant to demolish the kennel and at least to that extent, the order of the Health Officer needs to be modified.