Kumaresan v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Kumaresan ... Petitioner -vs1.The Principal Secretary, Animal and Husbandry Welfare Department, Secretariat, Chennai.

2.The Commissioner, Animal and Husbandry Welfare Department, Anna Salai, Nandhanam, Chennai.

3.The District Collector, Sivagangai District, Sivagangai.

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

5.The Inspector of Police, Tiruapathur Taluk Police Station, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd Respondent to recommend the petitioner's village to the 1st and 2nd Respondents to include the Gazatte Notification and permit the petitioner to conduct Vadamadu Manjuvirattu program on 10.01.2024 as part of Pongal Festival at Ilayanthankudi Village, Thirupathur Taluk, Sivagangai District, based on the G.O.Ms.No. 7, Animal Husbandry Dairying and Fisheries (AH3) Department dated 21.01.2017, by considering the petitioner's representation dated 02.01.2024. For Petitioner :

Mr.K.Sivabalan For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3 Mr.R.Meenakshi Sundaram, Additional Public Prosecutor for R4 and R5

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The prayer sought for in this writ petition is to issue a Writ of Mandamus, directing the 3rd Respondent to recommend the petitioner's village to the 1st and 2nd Respondents to include the Gazatte Notification and permit the

petitioner to conduct Vadamadu Manjuvirattu program on 10.01.2024 as part of Pongal Festival at Ilayanthankudi Village, Thirupathur Taluk, Sivagangai District, based on the G.O.Ms.No. 7, Animal Husbandry Dairying and Fisheries (AH3) Department dated 21.01.2017, by considering the petitioner's representation dated 02.01.2024.

2. According to the petitioner, the petitioner has made a representation to the District Collector for inclusion of the Ilayanthankudi Village, Thirupathur Taluk, in the Gazatte Notification, but so far they have not included the name of the said Village in the Gazette for the purpose of conducting Vadamadu Manjuvirattu.

3. According to the learned Government Pleader, the respondents cannot permit the petitioner to conduct Vadamadu Manjuvirattu on 10.01.2024 since the Ilayathankudi Village is not notified in the Gazette for the purpose of conducting Vadamadu Manjuvirattu and so far no application has been made to the Government for notifying the said village for the purpose of conducting Vadamadu Manjuvirattu.

4. In view of the above, the Writ Petition cannot be entertained and therefore, the same is dismissed. However, the petitioner is at liberty to make a representation to the Government to notify the name of the petitioner's Village in the Gazette for the purpose of conducting Vadamadu Manjuvirattu. No costs. [D.K.K., J.] [R.V., J.] 08.01.2024 Index : Yes / No Internet : Yes / No SJ To 1.The Principal Secretary, Animal and Husbandry Welfare Department, Secretariat, Chennai.

2.The Commissioner, Animal and Husbandry Welfare Department, Anna Salai, Nandhanam, Chennai.

3.The District Collector, Sivagangai District, Sivagangai.

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

5.The Inspector of Police, Tiruapathur Taluk Police Station, Sivagangai District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 08.01.2024