S.Gokul v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA S.Gokul .. Petitioner Vs.

1.The Secretary to the Government Animal Husband, Diary and Fisheries Department, Fort St. George, Chennai 600001.

2.The District Collector Namakkal District, Namakkal.

3.Revenue Divisional Officer Namakkal District, Namakkal.

4.Thasildar Senthamangalam, Namakkal.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2nd Respondent to grant permission to the petitioner to conduct the Jallikattu function in Salapalayam, Reddipetti Village, Alanganatham, Senthamangalam, Namakkal District in the light of the Petitioner's Representation dated 21.12.2022.

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For Petitioner : Mr.K.S.Karthik Raja For Respondents : Mr.E.Vijay Anand Additional Government Pleader

O R D E R

(Order of the Court was delivered by V.M.VELUMANI, J.) The Writ Petition is filed for a direction to the 2nd respondent to grant permission to the petitioner to conduct the Jallikattu function in Salapalayam, Reddipetti Village, Alanganatham, Senthamangalam, Namakkal District in the light of the petitioner's representation dated 21.12.2022.

2. By consent of both the learned counsel appearing for the petitioner as well as Mr.E.Vijay Anand, learned Additional Government Pleader, who takes notice for the respondents, the writ petition is taken up for final disposal at the stage of admission itself.

3. Heard Mr.K.S.Karthik Raja, learned counsel appearing for the petitioner as well as Mr.E.Vijay Anand, learned Additional Government 2/6

Pleader appearing for the respondents and perused the entire materials on record.

4. According to the petitioner, he is residing at Salapalayam, Reddipatti, Senthamangalam, Namakkal District. In order to conduct Jallikattu function in Namakkal District for the Pongal function for the year 2023, the petitioner along with few others formed a committee and made arrangements for the said function. The petitioner has made a representation to the 2nd respondent requesting to grant permission to the petitioner to organize and conduct Jallikattu function in Salapalayam Village, Reddipatti, Senthamangalam on 29.01.2023.

5. The learned counsel appearing for the petitioner submitted that the petitioner and other committee members made all the arrangements and also took steps to satisfy the statutory requirements of the authorities. The 2nd respondent by the communication dated 22.12.2022 directed the 3rd respondent to file a report after conducting enquiry. The 3rd respondent by the communication dated 29.12.2022 directed the 4th respondent as well as the Deputy Superintendent of Police to conduct an enquiry and file their report. Thereafter, the 4th respondent by the 3/6

communication dated 06.01.2023 addressed to the 3rd respondent recommending the conduct of Jallikattu function subject to the conditions to be imposed and a copy of same was marked to the District Collector, Namakkal District. However, the 2nd respondent has not passed any orders on the representation of the petitioner. Hence, the petitioner has come out with the present writ petition.

6. Mr.E.Vijay Anand, learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner dated 21.12.2022 will be considered and necessary orders will be passed in accordance with law.

7. Considering the above submission of the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents, the District Collector/Namakkal District/the 2nd respondent is directed to consider the representation of the petitioner dated 21.12.2022 based on the recommendation of the Tahsildar, Senthamangalam, dated 06.01.2023 and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

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8. With the above direction, the Writ Petition is disposed of. No costs.

(V.M.V., J) (R.H., J) 21.02.2023 Index : Yes / No dm To 1.The Secretary to the Government Animal Husband, Diary and Fisheries Department, Fort St. George, Chennai 600001.

2.The District Collector Namakkal District, Namakkal.

3.Revenue Divisional Officer Namakkal District, Namakkal.

4.Thasildar Senthamangalam, Namakkal.

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V.M.VELUMANI, J.

and R.HEMALATHA, J.

dm 21.02.2023 6/6