Manickam.R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.196 of 2023 R.Manickam ... Petitioner Vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Superintendent of Police, Pudukkottai District, Pudukkottai.
3.The District Revenue Officer, Pudukkottai District, Pudukkottai.
4.The Tahsildar, Karambakudi, Pudukkottai District.
5.The Village Administrative Officer, Regunathapuram, Pudukkottai District.
6.The Inspector of Police, Regunathapuram Police Station, Pudukkottai District.
7.Selvaraj ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 to 6 to permit the petitioner to conduct 'Jallikattu' historical event at Regunathapuram, Karambakudi Taluk, Pudukkottai District on 17.01.2023 jointly by all community people of the Regunathapuram Village, Pudukottai district by providing adequate police protection by considering the petitioner's representation dated 15.12.2022 and 19.12.2022 and consequently issue directions to the Respondent Nos.1 to 6 to forebear the 7th respondent from conducting "Jallikattu" event along with his community group on 07.01.2023 in Regunathapuram village, Pudukottai District.
For Petitioner :
Mr.R.Maheswaran For Respondents :
Mr.P.Thilak Kumar, Government Pleader for R1 and R3 to R5 Mr.S.Ravi, Addl. Public Prosecutor for R2 & R6
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 6 to permit the petitioner to conduct 'Jallikattu' historical event at Regunathapuram, Karambakudi Taluk, Pudukkottai District on 17.01.2023 jointly by all community people of the Regunathapuram Village, Pudukottai District by providing adequate police protection, by considering the petitioner's representations dated 15.12.2022 and 19.12.2022 and consequently issue directions to the Respondent Nos.1 to 6 to forebear the 7th respondent from conducting "Jallikattu" event along with his community group on 07.01.2023 in Regunathapuram village, Pudukottai District.
2. Heard Mr.R.Maheswaran, learned counsel for the petitioner, Mr.P.Thilakkumar, learned Government Pleader, who takes notice for respondents, 1 and 3 to 5 and Mr.S.Ravi, learned Additional Public Prosecutor,
who takes notice for the respondents 2 and 6. Considering the nature of the order proposed to be passed in this Writ Petition, notice to the 7th respondent is dispensed with.
3. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
4. The learned counsel appearing for the petitioner submitted that though the petitioner made representations on 15.12.022 and 19.12.2022, seeking for permission to conduct the 'Jallikattu' event on 17.01.2023, till date, the respondents have not considered the same. Hence, the petitioner has filed this Writ Petition.
5. The learned Government Pleader appearing for the respondents 1 and 3 to 5, on instructions, submitted that a peace committee meeting was conducted on 03.01.2023, in which a decision was taken to the effect that due to law and order problem, till the District Administration takes a final decision with regard
to conduct of Jallikattu, they are not permitted to take any steps for conducting Jallikattu. He further submitted that in the year 2022, the Government has passed a Government Order in G.O.(D)No.50, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (AH3) Department, dated 27.01.2022, which has been applied only for the year 2022 alone and therefore, the petitioner can make a request before the District Collector, for conducting 'Jallikattu' festival at Regunathapuram, Karambakudi Taluk, Pudukkottai District.
6. Considering the facts and circumstances of the case and also considering the fact that there is a law and order problem, we are of the view that the Government is the only competent authority to take a final decision with regard to conduct of 'Jallikattu' at Regunathapuram, Karambakudi Taluk, Pudukkottai District. Therefore, we are not inclined to entertain this Writ Petition.
7. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to approach the Government through the District Collector, Pudukkottai, for
getting necessary permission for conducting 'Jallikattu' at Regunathapuram, Karambakudi Taluk, Pudukkottai District. No costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [R.V., J.] vsm 05.01.2023 NCC : Yes / No Index : Yes / No Note: Issue order copy on 06.01.2023 To 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Superintendent of Police, Pudukkottai District, Pudukkottai.
3.The District Revenue Officer, Pudukkottai District, Pudukkottai.
4.The Tahsildar, Karambakudi, Pudukkottai District.
5.The Village Administrative Officer, Regunathapuram, Pudukkottai District.
6.The Inspector of Police, Regunathapuram Police Station, Pudukkottai District.
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
vsm W.P.(MD)No.224 of 2023 05.01.2023