LAWS(MAD)-2009-12-608

D VIKRAM Vs. JAYAVARTHAVAVELU

Decided On December 23, 2009
D.VIKRAM Appellant
V/S
JAYAVARTHAVAVELU Respondents

JUDGEMENT

(1.) Challenging the order of the Sub-Divisional Magistrate/Revenue Divisional Officer, Coimbatore, dated 27.11.2009, made in Ref. No. 2966/A2 under Section 133 Cr.P.C, the criminal revision has been preferred by the petitioner herein.

(2.) In exercise of the powers vested under Section 138 of the Code of Criminal Procedure, the Sub-Divisional Magistrate/Revenue Divisional Officer, Coimbatore has passed the impugned order and the operative portion of the order reads as follows :

(3.) On the complaint given by the respondents 1 to 3 herein before the Sub-Divisional Magistrate, that the petitioner herein had been causing public nuisance by keeping large number of dogs of different varieties in the rear side of his house at Door No. 28, Circuit House Road, Coimbatore abutting the wall of Door No. 26 of Thiru. D. Jayavarthavavelu and abutting the wall of the residential house of Thiru.R.Kumaravel, residing at Door No. 703, Avinashi Road, Coimbatore and also close to the house of the second respondent, the action was taken by the fourth respondent herein. As per the complaint given against the petitioner herein, he was keeping more than 30 dogs of different varieties in his house, violating the provisions of Section 352 of the Coimbatore City Municipal Corporation Act. It was further stated that constantly, the dogs were making peculiar noises of barking and howling during night hours and also in the early morning hours, which affects the respondents 1 to 3, their family members and others and also create an unhealthy atmosphere besides causing annoyance, as the dogs emit foul smell, causing inconvenience to the residents and guests in the area.