A M RASHEED Vs. DISTRICT COLLECTOR NILGIRI DISTRICT

JUDGEMENT

(1.) MR.A.M.Rasheed, General Secretary of Traders and Merchants Association, Kotagiri, has filed this writ petition, by way of Public Interest Litigation, praying to issue a Writ of Mandamus directing the respondents viz., the District Collector, Nilgiris and the Executive Officer, Kotagiri Town Panchayat, Nilgiris District, to take necessary action to control the stray dogs in and around Kotagiri Taluk.

(2.) IN the affidavit filed in support of the above writ petition, it is contended that Kotagiri is a Small Taluk of Nilgiris District. The population of the Kotagiri Taluk is nearly 30,000. It is a Tourist spot and number of visitors visit Kotagiri Taluk. There are nearly 1000 stray dogs in and around Kotagiri Taluk. These stray dogs are commonly seen at busy areas such as the market, the Government Hospital, Bus stand and nearby schools. Everyday 6 to 7 peoples are being attacked by the stray dogs and they take initial treatment at Government Hospital, Kotagiri and thereafter they are referred to the Louis Pasteur INstitute at Coonoor for further treatment. It is further stated that several representations were sent to local authorities to take necessary action to curb the menace of these stray dogs. But the Civic Authorities failed to take appropriate steps. On 28.10.2006 at about 8.30 a.m., a student by name Nagaraj, aged about 7 years studying in II standard at St. Marys Elementary School was attacked by nearly 20 stray dogs and the boy was seriously injured. INitially treatment was given at Government Hospital, Kotagiri, and thereafter he was referred to the Louis Pasteur INstitute at Coonoor and nearly 400 sutures were put on the body of the boy and 200 wounds were kept open to give initial treatment to arrest any further virus or bacterial attack. After some time, the boy was referred to Coimbatore for further treatment. At the time of filing of the writ petition it is stated that the boy was still taking treatment at the hospital. On 30.10.2006, the Kotagiri Taluk Traders and Merchants Association gave the fax message to the Honourable Chief Minister narrating the incident that happened on 28.10.2006 and the copy of the same was also sent to the respondents and they also gave representation to the District and Taluk Administration to curb the menace of stray dogs. Till date, no action is taken by the Civic Authorities, hence, the present writ petition before this Court.

(3.) WE have heard the learned counsel appearing for the petitioner as well as the respondents.