R.Velmurugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1390 of 2024 and W.M.P.(MD)Nos.1432 & 1434 of 2024 R.Velmurugan ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Usilampatty, Madurai District.

3.The Tahsildar, Usilampatty Taluk, Madurai District.

4.The Inspector of Police, Usilampatty Taluk Police Station, Madurai District.

5.K.S.S.Pandiyar 6.B.Balamuruga Maharaja ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from granting permission

for conducting Jallikattu in Thottapanaickanur Village, organized by the respondents 5 and 6 in violation of Rule 3, 5, 6, 7, 8 and 9 of the Tamil Nadu Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules, 2017 and not to permit the respondents 5 and 6 to conduct Jallikattu without obtaining permission and complying to venue norms as required under rules as such scheduled by them on 12.02.2024 based on the petitioner's representation dated 09.01.2024. For Petitioner : Mr.K.S.Viswanathan, Senior Counsel assisted by Mr.S.Sivakumar For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader For R4 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R5 & R6 : Mr.R.Gandhi, Senior Counsel, assisted by Mr.S.Ramsundar Vijayaraj

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 to 3, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor takes notice for the 4th respondent and Mr.R.Gandhi, learned Senior Counsel, assisted by Mr.S.Ramsundar Vijayaraj, learned counsel takes notice for the respondents 5 and 6.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.The petitioner states that the respondents 5 and 6 decided to conduct Jallikattu event in Thottappanaickanur Village without following the procedures as contemplated under Tamil Nadu Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules, 2017 and without obtaining necessary permission from the 1st respondent. Therefore, he made a representation to the respondents 1 to 3 not to grant permission to the respondents 5 and 6. Since the same has not been considered so far, he has filed this Writ Petition. 4.

The learned Senior Counsel appearing for the respondents 5 and 6 would submit that the respondents 5 and 6 made an application before the 1st respondent, seeking permission to conduct Jallikattu and the 1st respondent has forwarded the same to the 3rd respondent, who in turn sought for some documents from the respondents 5 and 6 and the same have also been produced before the 3rd respondent. He would further submit that the petitioner has filed this Writ Petition on the apprehension that the 1st respondent has likely to consider the application of the respondents 5 and 6. Therefore, this petition is not maintainable and liable to be dismissed.

5.The learned Government Pleader appearing for the respondents 1 to 3 would submit that the objection of the petitioner will be duly considered by the 1st respondent at the time of considering the application of the respondents 5 and 6. 6.In the light of the above submissions made by the parties, we are of the view that this Writ Petition is filed at premature stage. Therefore, this Writ Petition is disposed of with a direction to the 1st respondent to consider the objections of the petitioner at the time of considering the application of the respondents 5 and 6 and pass appropriate orders in the application submitted by the respondents 5 and 6 on merits and in accordance with the rules in force. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., J.] & [R.V., J.] 23.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Usilampatty, Madurai District.

3.The Tahsildar, Usilampatty Taluk, Madurai District.

4.The Inspector of Police, Usilampatty Taluk Police Station, Madurai District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.1390 of 2024 23.01.2024