D.Suresh Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NO.4985 OF 2022 D.Sureshkumar ... Petitioner .Vs.
1. The District Collector, Salem District, Salem.
2. The District Revenue Officer, Salem District, Salem.
3. The Tahsildar, Omalur Taluk, Salem District, Salem.
4. The Deputy Superintendent of Police, Omalur Taluk, Salem District, Salem.
5. The Inspector of Police, Tharamangalam Police Station, Salem District, Salem.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.02.2022 made to the respondents and consequently direct the respondents to grant permission for conducting Jallikattu (Bull-Taming Sport Event), which schedule to be held on 13.03.2022 at 3.00 p.m. To 6.00 p.m. At Vinayagar Kovil Thidal, Ellaiyur Village, Omalur Taluk Salem District thereby giving police protection.
For Petitioner : Mr.N.Vijaya Basker For Respondents : Mrs.Geetha Thamaraiselvan Special Government Pleader
O R D E R
The petitioner, a resident of Ellaiyur Village, Omalur Taluk, Salem District has sought permission before the respondents, i.e., The District Collector and other officials including the police officials of Salem District, to consider his representation dated 15.02.2022 for conduct of Jallikattu.
2. However, the status report dated Nil that has now filed by the Inspector of Police, arrayed as R1, reveals that the arrangements made do not provide for adequate measures for conduct of Jallikattu as prescribed in the appendix to G.O.Ms.No.7, Animal Husbandry Dairying and Fisheries (AH3) Department dated 21.01.2017. The respondents thus caution that there has been no satisfaction with, or compliance of the prescriptions under the Government Order.
3. While dictating this order, the proceedings of the District Collector in Na.Ka.No.10/2022/R dated 10.03.2022 are also circulated, wherein, the request of the petitioner has been rejected, stating that the location selected by the petitioner is unsuitable for the conduct of Jallikattu, since there would be neither space nor infrastructure for provision of adequate safety of the bull tamers, the bulls or the visitors.
4. The authorities, in my view, would have the final word in regard to the conduct of the Jallikattu festival, as they are the ones to verify and ensure that all safety measures as stipulated by the State are in place to prevent any untoward incident, and the event is safe and secure for all participants.
5. In this light of the matter, the mandamus as sought for by the petitioner in this Writ Petition is not liable to be granted and this Writ Petition is dismissed. However, both learned counsel for the petitioner as well as learned Special Government Pleader would agree that the petitioner may approach the District Collector with a representation afresh.
6. If such representation is filed, let the authorities, including the police, consider and dispose the same in accordance with applicable Orders, Rules and Regulations. If inclined to acept the request, the authorities will select an alternate location that is suitable for the conduct of the
event, on a suitable date with provision of all security and protection measures well in place. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sl To
1. The District Collector, Salem District, Salem.
2. The District Revenue Officer, Salem District, Salem.
3.
The Tahsildar, Omalur Taluk, Salem District, Salem.
4.
The Deputy Superintendent of Police, Omalur Taluk, Salem District, Salem.
5.
The Inspector of Police, Tharamangalam Police Station, Salem District, Salem.
+1cc to the Government Pleader, S.R.No.17443 W.P.NO.4985 OF 2022 SSI(CO) PBS/22/03/2022