D.Gopal v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE R. SUBBIAH AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.2634 of 2019 D.Gopal ..Petitioner Vs.

1. State of Tamil Nadu, Represented by the Secretary to Government, Public Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Vellore, Vellore District.

3. The Sub Collector, Vellore, Vellore District.

4. The Superintendent of Police, Vellore, Vellore District.

5. The Inspector of Police, Tirupattur Police Station, Vellore District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents herein to grant permission to the petitioner's village to conduct Jallikattu on 18.02.2019 as fixed by the petitioner in their village at Vellaiyakoundanur, Mandavaladi Post, Solaiyarpet, Tirupattur Taluk, Vellore District, by providing necessary protection.

For Petitioner : Mr.R.Ramesh For Respondents : Mr.J.Pothiraj, Spl.G.P.

ORDER

(The Order of the Court was made by R.Subbiah, J) The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents herein to grant permission to the petitioner's village to conduct Jallikattu on 18.02.2019 as fixed by the petitioner in their village at Vellaiyakoundanur, Mandavaladi Post, Solaiyarpet, Tirupattur Taluk, Vellore District, by providing necessary protection.

2. For the above purpose, the petitioner has made a representation, dated 24.12.2018 to the third respondent to grant permission to conduct Jallikattu on 18.02.2019, but the said representation was not considered so far. Hence, the petitioner has filed the present Writ Petition for the relief stated supra.

3. Heard both sides and perused the materials available on record.

4. Though the prayer in the Writ Petition is for a positive direction, this Court is not inclined to grant such a direction. However, the main grievance of the petitioner is that the said representation, dated 24.12.2018 is pending with the respondents for a period of nearly two months. Therefore, this Court is of the opinion that a direction could be given to the second respondent-District Collector, Vellore District, to consider the said representation by affording an opportunity of personal hearing to the petitioner.

5. Accordingly, the second respondent-District Collector, Vellore District, is directed to consider the petitioner's representation dated 24.12.2018 by affording an opportunity of personal hearing to the petitioner and pass appropriate orders with regard to granting permission to conduct the Jallikattu. It is made clear that this Court has not expressed any opinion on the merits of the matter and it is for the second respondent to consider the same while disposing of the representation. The entire exercise shall be completed by the second respondent within a period of one week from the date of receipt of a copy of this order.

6. With the above observations and direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar cs To

1. The Secretary to Government, State of Tamil Nadu, Public Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Vellore, Vellore District.

3. The Sub Collector, Vellore, Vellore District.

4. The Superintendent of Police, Vellore, Vellore District.

5. The Inspector of Police, Tirupattur Police Station, Vellore District.

+1cc to Mr.R.Ramesh, Advocate, S.R.No.10502 +1cc to the Government Pleader, S.R.No.11375 W.P.No.2634 of 2019 PVS(CO) CS/08/02/2019