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Madras High CourtWP(MD)/703/2024disposed of

M.Arulrayar v. The State Of Tamil Nadu

2024-01-11Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD) No.703 of 2024 and W.M.P. (MD) Nos.700 & 701 of 2024 M.Arulrayar ... Petitioner -vs1. The State of Tamil Nadu Rep. By its Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Secretariat, Fort St.George, Chennai.

2. The Director, Animal Husbandry and Veterinary Services, Central Office Building Block II, DMS Compound, Teynampet, Chennai.

3. The District Collector, Sivagangai District, Sivagangai.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue

a writ of Certiorarified Mandamus to call for the records relating to the proceeding sin Na.Ka.No.01/Ka.thu.Ka/Siva Uko/2024, dated 02.01.2024 passed by the 4th Respondent herein and quash the same as illegal and consequently direct the 3rd Respondent herein to grant permission to the Petitioner for conducting the "Vadamadu Manjuvirattu" event on 13.01.2024 at School Ground, Mangampatti Village, Sivagangai Taluk, Sivagangai District by including petitioner's Village of Mangampatti Village, Sivagangai Taluk and Sivagangai District in the Sivagangai District Gazette based on the Petitioner's representation dated 08.01.2024.

For Petitioner :

Mrs.A.Banumathy For R1 to R3 :

Mr.P.Thilakkumar Government Advocate For R4 :

Mr.R.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 to quash the proceeding in Na.Ka.No.01/Ka.thu.Ka/Siva Uko/2024, dated 02.01.2024 passed by the 4th respondent herein and for a consequential direction to the 3rd respondent to grant permission to the petitioner for conducting the "Vadamadu Manjuvirattu" event on 13.01.2024 at School Ground,

Mangampatti Village, Sivagangai Taluk, Sivagangai District by including the petitioner's Village in the Sivagangai District Gazette based on the petitioner's representation dated 08.01.2024.

2. The learned counsel for the petitioner submits that last year, this Court passed an order in W.P(MD)No.11932 of 2023 on 17.05.2023 and quashed the impugned order. Therefore, a similar order may be passed in this year also.

3. The learned Government Pleader appearing for the respondents 1 to 3 would strongly object for granting permission to conduct "Vadamadu Manjuvirattu" in the petitioner's Village by stating that in Section 2 of the Prevention of Cruelty to Animals Act, 1960, clause (dd) has been inserted and as per Section 2(dd) of the Prevention of Cruelty to Animals Act, 1960, only in the notified places Jallikattu will be conducted. According to the learned Government Advocate, the State Government has issued Notification including some villages to conduct the Jallikattu for the academic year. According to him, the Village in dispute i.e Mangampatti Village is not included in the said Notification.

Hence, the petitioner cannot rely upon the order passed in the last year. The order passed by this Court in W.P(MD)No.11932 of 2023 dated 17.05.2023 is applicable only for the last year. Further, the petitioner has not placed any materials before this Court to substantiate his contention.

4. In the light of the above, we are not inclined to entertain this Writ Petition and to grant relief as sought for by the petitioner. The petitioner can workout his remedy before the authorities concerned for inclusion of the name of the petitioner's Village in the Notification.

5. With the above observation, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] [R.V., J.] 11.01.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No CM Note: Issue order copy on 12.01.2024

To:

1. The State of Tamil Nadu Rep. By its Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Secretariat, Fort St.George, Chennai.

2. The Director, Animal Husbandry and Veterinary Services, Central Office Building Block II, DMS Compound, Teynampet, Chennai.

3. The District Collector, Sivagangai District, Sivagangai.

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

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

CM W.P.(MD) No.703 of 2024 and W.M.P. (MD) Nos.700 & 701 of 2024 11.01.2024