K BASIVI REDDY Vs. GUNTUR MUNICIPALITY

JUDGEMENT

(1.) These are an appeal and a cross appeal arising out of the original Suit No. 152/61 on the file of District Munsifs Court, Guntur filed by three plaintiffs in a representative capacity against the Guntur Municipality represented by its Commissioner and Special Officer for a declaration that the notice dated 14-3-1961 under Section 241 of the District Municipalities Act issued by the defendant to the effect that the unlicensed dogs straying within the Guntur Municipal limits would be destroyed from 1-4-1961 is void, illegal and without jurisdiction and the consequential permanent injunction restraining the defendant Municipality and its subordinates from catching and destroying dogs in pursuance thereof or in the alternative for a permanent injunction restraining the defendant Municipality and its subordinates from catching the dogs with the aid of scissors or from beating or clubbing them with sticks or from putting them in cage and killing them by cynogassing.

(2.) The three plaintiff are residents of Guntur. They asserted that the destruction of stray unlicensed dogs is opposed to Hindu sentiments and to the most fundamental tenet of Jain religion to which community the theirs plaintiff Modmal belongs. The 2nd Plaintiff is the secretary of Jeevarakshaka Sangham. It is asserted in the plaint that Section 241 of the District Municipalities Act under which the impugned notice was issued by the Municipality is opposed to Art. 48 of the Constitution as also the provisions of the prevention of Cruelty to Animals Act 2 of 1890 and that therefore, it should be struck down.

(3.) The defendant Municipality raised various pleas, it has pleaded that the destruction of stray dogs is absolutely essential to preserve public health as statistics show that the number of cases of rabies is on the increase. It has pleaded that the provisions of the Prevention of Cruelty to Animals Act are followed in that the least painful method namely, cynogassing is adopted to kill the dogs. It has further pleaded that the religious sentiments is not a matter to be considered in the present context.