Kalaiselvan.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD) No.504 of 2024 M. Kalaiselvan ... Petitioner -vs1. The District Collector, Trichy District, Trichy.

2. The Superintendent of Police, Trichy District, Trichy.

3. The Revenue Divisional Officer, Thiruverumbur, Trichy District.

4. The Tahsildar, Thiruverumbur, Trichy District.

5. The Inspector of Police, Thiruverumbur Police Station, Trichy District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents 1 & 3 to grant permission to conduct Bull Taming Game (Jallikattu) on the eve of Maha Sivarathri festval at Sri Periya Koothaipar Village, Thiruverumbur Taluk, Trichy District on 09.03.2024 in accordance with old customs and to provide adequate police protection by considering the petitioner's representation dated 23.12.2023. For Petitioner :

Mr.T.Leninkumar For R1 to R4 :

Mr.N. Satheesh Kumar Additional Government Advocate For R5 : Mr. Meenakshi Sundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of writ of mandamus directing the respondents 1 & 3 to grant permission to conduct Bull Taming Game (Jallikattu) on the eve of Maha Sivarathri festival at Sri Periya Koothaipar Village, Thiruverumbur Taluk, Trichy District on 09.03.2024 in accordance with old customs and to provide adequate police protection by considering the petitioner's representation dated 23.12.2023.

2. According to the petitioner, for the last year, the respondents have considered the request of the villagers and granted permission for conducting Jallikatu under clause (dd) of Section 2 of the Prevention of Cruelty of Animals Act, 1960 (Central Act 59 of 1960). According to him, there is a dispute among the petitioner's community as well as other community to conduct Jallikattu. It is also submitted by the learned counsel for the petitioner that the petitioner has sent a representation to the respondent on 23.12.2023. The said representation has not been considered. Hence, the petitioner is before this Court.

3. The learned Additional Government Pleader would submit that in the last year, the Government has issued G.O.Ms.No.43 dated 19.01.2023 wherein the request of the villagers was considered and permission was granted for the festival in Koothaipar Village, Thiruverumbur Taluk, Trichy District and for this year, no Government Order has been passed and if the Government has passed an order, then the same may be considered by the District Collector.

4. The submission of the Additional Government Pleader that for this year, no notification is issued by the Government for both the communities and unless notification is issued by the Government, the District Collector could not grant permission to conduct Jallikattu is recorded.

5. In view of the above submission, this Writ Petition cannot be entertained by this Court and the petitioner has to workout his remedy before the Government seeking for issuance of notification to conduct Jallikattu in the aforesaid village. Accordingly, this Writ Petition is dismissed. No costs. [D.K.K., J.] [R.V., J.] 09.01.2024 NCC :

Yes / No Index :

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Yes / No CM

To:

1. The District Collector, Trichy District, Trichy.

2. The Superintendent of Police, Trichy District, Trichy.

3. The Revenue Divisional Officer, Thiruverumbur, Trichy District.

4. The Tahsildar, Thiruverumbur, Trichy District.

5. The Inspector of Police, Thiruverumbur Police Station, Trichy District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

CM W.P.(MD) No.504 of 2024 09.01.2024