Alagumalai Village Panchayat v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.12.2022 Coram:
The Hon'ble Mr.Justice R.MAHADEVAN and The Hon'ble Mr.Justice J.SATHYA NARAYANA PRASAD and W.M.P.No.33279 of 2022 Alagumalai Village Panchayat, Rep. by its elected President, R.Thooyamani S/o.Rangasamy Gounder, Pongalur Union, Tiruppur South Taluk, Tiruppur District.
...Petitioner
Versus
1.The Collector, Tiruppur District, Tiruppur.
2.The Revenue Divisional Officer, Tiruppur, Tiruppur District.
3.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Palladam Road, Tiruppur - 641 604.
4.The Zonal Joint Director, Animal and Husbandry Department, Tiruppur District.
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5.S.Palanisamy, President, Alagumalai Jallikattu Kaalaigal Nala Sangam, Thonguttipalayam Village, Tiruppur South Taluk, Tiruppur District - 641 665.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 4 not to grant any permission to the 5th respondent for conducting Jallikattu Event at Alagumalai Village, Tiruppur District during Pongal Season. For Petitioner :
Mr.S.Doraiswamy For Respondents - 1, 2 & 4 :
Mr.E.Vijay Anand, Additional Government Pleader For Respondent - 3 :
Mr.ANR.Arun Natarajan, SGP (HR&CE)
ORDER
(Order of the Court was delivered by R.MAHADEVAN, J.) Mr.E.Vijay Anand, learned Additional Government Pleader takes notice for the respondents 1, 2 & 4 and Mr.ANR.Arun Natarajan, learned Special Government Pleader (HR&CE), takes notice for the third respondent.
2. The relief sought in this writ petition is to direct the respondents 1 to 4 not to grant any permission to the fifth respondent for conducting Jallikattu Event at Alagumalai Village, Tiruppur District during Pongal Season. 2/6
3. According to the petitioner, Alagumalai Hill is a beautiful hill in Kongunadu region and the main occupation of the people living in Alagumalai Panchayat, is agriculture. On the top of the hill, a Murugan temple is situated and the same is under the control of the HR&CE Department. While so, the fifth respondent formed an association called Alagumalai Jallikattu Kaalaigal Nala Sangam and for the past three years, he has been conducting Jallikattu in a private land measuring 2 Acres adjoining the Hill area situated at Alagumalai Panchayat, as a commercial event, by hiring bulls from Madurai and bringing the bull catchers from Sivagangai on daily wage basis and by collecting huge money from the viewers. However, none of the Alagumalai villagers participated in the Jallikattu conducted by him.
It is further stated that the fifth respondent under the guise of conducting Jallikattu, has cut down the age old trees and removed the big stones from the said Hill area, thereby destroying the beauty of the hill and that, the bulls, which participate in the Jallikattu, runaway from the place of event and caused injuries to the ladies and young children. Hence, the Alagumalai Grama Shaba requested the first respondent not to give permission for conducting Jallikattu event in Alagumalai Village, but the same was not considered. Even the petitioner made representations dated 12.10.2022, 15.11.2022, 23.11.2022 & 09.12.
Alagumalai Village and the same did not evoke any response. Therefore, this writ petition.
4. Placing reliance on section 2(dd) of the Prevention of Cruelty to Animals Act, 2017, the learned counsel for the petitioner submitted that the first respondent ought not to grant permission to the fifth respondent to conduct Jallikattu in Alagumalai Village, as the said place is not notified by the state Government. Further, the first respondent has not formed any committee on Jallikattu as provided under Rule 3(4) of the appendix to G.O(Ms) No.7, Animal Husbandry Dairying and Fisheries (AH3) Department, dated 21.01.2017. Stating so, the petitioner made representations to the first respondent, requesting not to grant permission to the fifth respondent for conducting Jallikattu in Alagumalai village, but the same have not been considered, till date. Therefore, the learned counsel submitted that it would suffice, if a direction is issued to the respondent authorities to consider the said representations and pass orders, as per law, for which, the learned Additional Government Pleader appearing for the respondents 1, 2 & 4 has no serious objection.
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5. Considering the limited relief now sought by the petitioner, which has not been seriously opposed on the side of the respondent authorities, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representations dated 12.10.2022, 15.11.2022, 23.11.2022 & 09.12.2022 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as the fifth respondent, within a period of six weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (R.M.D., J.) (J.S.N.P., J.) 19.12.2022 mrr Index : Yes/No Speaking order (or) Non-Speaking order 5/6
R.MAHADEVAN, J.
and J.SATHYA NARAYANA PRASAD, J.
mrr To 1.The Collector, Tiruppur District, Tiruppur.
2.The Revenue Divisional Officer, Tiruppur, Tiruppur District.
3.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Palladam Road, Tiruppur - 641 604.
4.The Zonal Joint Director, Animal and Husbandry Department, Tiruppur District.
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