You can make complaint in the Municipal corporation against illegal cats are living in the society and roaming all over in the society due to this there is fear in kids to get get bit from them.
Cat menace by a flat resident
Dear Sir, I am resident and owner of a housing board flat in chennai. This housing board has nearly 720 flats. A girl opposite to our flat rears Cats. It started all with a single cat and now our housing board has nearly 150 cats all over. Its like a free wild life park and cats will come into our apartment and kids fears seeing that. We spoke to her politely and association complained to police and no resolution. She literally breeds the cats and now cat population out of control. Bad smell all round the apartment and we fear for our health. Still the girl doesnt take care and says you can do whatever. We want to know how legally we can proceed and what are the chances of we winning and sending all the cats to blue cross or someother animal care.
Asked 5 years ago in Property Law
Religion: Hindu
17 Answers
1. IF the Cat's are stray cats and not domesticated or cared privately in one's on house, THEN the Municipal authorities are empowered to round up all the Cats on Health, Safety & Nuisance grounds and clear off the area.
2. Police Prosecution is also possible on Girl, for Intimidation, Nuisance, Mischief etc....
3. However the above is possible only after persistently following up with Municipal & Police authorities.
Since police is refusing to lodge FIR file private complaint before magistrate under section 133 of cr pc against your neighbour for public nuisance causes by cats
- A Resident Welfare Association is a body that represents interest of people living in a community or a society and the association is responsible for managing day-to-day problems of the residents, organising events, managing facilities in the apartments and complexes and safeguarding the rights of the unit holders.
- Hence, the association can take legal action against that girl for creating nuisance and health problems for the family of owners .
- Further the association can issue resolution against her this act as well.
- Further , being a member , any one can file also a Mandatory injunction against her before the court to remove the said Cats flock.
Cats are feeded only by that girl. Her home door will be unlocked for cats even during night time for their free roaming in and out of her flat. Windows grills been cut too for free passing of cats in and out. Flat is in 1st floor. Residents vacated too due to her and cats nuisance and few sold their flats too. She says she is member of some animal welfare organisations and no body can do anything. I feel this has to be stopped at some point. We are not against pets. What we insist is to rear the cats within her flat. Cats pees, vomits and shits too all over the steps, corridor etc and bad smell comes out which is then washed by her father in the nights. This torture is going around for nearly 5 years now. In extreme case she tells that she will commit suicide naming we are torturing her. If anyone can help us legally on this it will be very helpfull. We can't write in words what we are suffering.
Asked 5 years ago
1. Keeping pets at home is perfectly alright . Problem arises when one rears pets as a breeding ground.
2. Moreover its the duty of the owners to ensure that no nuisance is created by the pets.
3. Now if a single person harbours 150 cats then its really problematic and hence animal welfare department can be informed to take those away.
You can file private complaint against girl before magistrate
in alternative file suit seek injunction restraining her from rearing cats in the house
Make complaint of her u/s 309 of IPC "Attempt to commit suicide" that she is going perform.
Plus she can keep pets as per the animal welfare organisations without disturbing other people in the society.
- Since she is threatening for commit suicide , then the owners should lodge a complaint before the police and higher official after narrating her said acts , and thereby mention that she is threatening for committing suicide ,if her cats menace not allowed by the other owners , and further mention that if she do so , then no persons would be responsible for the same.
You can give a complaint to the blue cross agency stating that she has lot of cats but is troubling and torturing them.
Simultaneously you give a complaint to the corporation authorities about this menace and can ask them to initiate some steps to make you people live peacefully.
You draft a strong complaint signed by all affected members of the association.
Submit the application to the corporation authorities and insist on severe and immediate action to be taken to safeguard the life of members and also to allow them to live peacefully from the cat menace.
You need to approach court against her. She can't be a nuisance in this manner but she has every right to keep the pet
Dear Sir/Madam,
You are suggested to file the case of injunction against the said girl or family for restraining them from the CAT's activities in the residential complex.
Write to the local body to remove the cats. If you don't receive any response write to the next authority and then to Court.
Regards
G.Rajaganapathy
High Court of Madras
File a written complaint against her to the Home Ministry of the State.
File a civil suit for private nuisance in the civil court of your jurisdiction. Also file a complaint before the local Municipal authority .
Try to close the issue by talking with your neighbor . Burden will be more on you legally to prove that you are effected . In this case your allegation has to be proved that for discomfort and it is effected to other neighbours as well and general public in the vicinity if so then you can file a petition as per Legal provisions regarding Removal of Public Nuisances under section 133 of the Code of Criminal Procedure, 1973.
1. Send her legal notice for controlling her obsession for cats which is causing harassment to you and your children and other members of society and she can keep cat but she needs control on access of other cats.
2. Society can also send her legal notice for harassment of residents due to cat menace.
3. You can file suit against her before civil court for permanent injunction to restrain her from giving access to cats other then her pet cat and giving directions to local authorities for catching the cats from your society and send them to some animal care shelter.
4. Also seek order for allowing society for taking measures to control access of cats in resident area.
