Kerala High Court · Judgment · 29.02.2024
A resident keeping many stray dogs at home must obtain a licence
On complaints by neighbours in a thickly populated ward, the Kerala High Court directed a resident who sheltered large numbers of injured stray dogs to apply for a licence from the Corporation, which was to impose stringent conditions under the Animal Birth Control Rules, 2023, failing which the dogs would be removed.
Key points
- Residents complained that a neighbour kept a large number of stray dogs at his house in an unhygienic manner; the Court treated their concern as one of nuisance, not hostility to dogs.
- He was permitted to apply to the Corporation for a licence within one month; the Corporation was to decide within a month, after hearing the neighbours, and impose stringent conditions under the ABC Rules, 2023 and the Kerala Municipality Act, 1994.
- If no licence application was made in time, the Corporation was to remove the stray dogs kept on the property.
The facts
Residents of the Muzhathadam ward of Kannur Corporation, and an association they formed, filed two writ petitions against a neighbour who, for some years, had been bringing injured, sick and abandoned stray dogs to his house and keeping them there. They described the ward as thickly populated, with houses close together, and complained of the nuisance and unhygienic conditions.
What the Court held
The Court noted the rising number of dog-bite cases and rabies deaths, and the conflict between those who want stray dogs removed and those who care for them. It recognised that the neighbour was caring for injured dogs, but held that he must be mindful of his neighbours’ concerns. It allowed him to apply for a licence to keep the dogs within one month. The Corporation was to decide the application within a month, after hearing the petitioners and him, and grant a licence only with stringent conditions in line with the ABC Rules, 2023. If he did not apply, the Corporation was to remove the stray dogs from his property. The Court also recommended that the State frame a scheme to license interested dog lovers to maintain stray dogs, and sent a copy of the judgment to the Chief Secretary.
Why it matters
Disputes over feeding and keeping stray or pet dogs are common in housing societies. This Kerala decision is not binding in Maharashtra, but it shows a balanced approach: care for animals is respected, while hygiene and the neighbours’ comfort are protected through licensing and conditions under the ABC Rules. Societies should follow the ABC Rules and local municipal procedures rather than acting on their own against animals or their caregivers.
Twenty-five-page judgment in English (scanned copy). This page summarises the decision for general information; it is not a substitute for the full text and not legal advice. Check whether the decision has since been appealed, modified or overruled.
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