Bharathimohan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.2314 of 2023 Bharathimohan ... Petitioner vs.

1.The District Collector, Trichy District, Trichy.

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

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

4.The Tahsildar, Lalgudi Taluk, Trichy District.

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

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6.M.Kaathan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to fix a common place having sufficient space to conduct bull taming game (Jallikattu) at Lalgudi, Trichy District on 19.02.2023 without there being any communal colour in accordance with the Rules 5, 6, 7 and 8 of the Tamil Nadu Prevention of Cruelty to Animals (conduct of Jallikattu) Rules, 2017, by considering the petitioner's representations dated 27.12.2022 and 18.01.2023.

For Petitioner : Mr.T.Lenin Kumar For RR 1, 3 & 4 : Mr.P.Thilak Kumar Government Pleader For R R 2 & 5 : Mr.S.Manikandan Government Advocate (Criminal Side)

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in this Writ Petition is seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to fix a common place having sufficient space to conduct bull taming game (Jallikattu) at Lalgudi, Trichy District on 19.02.2023, without there being any communal colour in accordance with Rules 5, 6, 7 and 8 of the Tamil Nadu Prevention of Cruelty 2/6

to Animals (conduct of Jallikattu) Rules, 2017, by considering the petitioner's representations, dated 27.12.2022 and 18.01.2023.

2. When the matter came up for hearing on 09.02.2023, this Court directed the third respondent to inspect the said event place and conduct a detailed enquiry and file a report before this Court.

3. Pursuant to the direction issued by this Court, dated 09.02.2023, the learned Government Pleader appearing for the respondents 1, 3 and 4 has produced the proceedings of the third respondent in Na.Ka.No.A1/5465/2022, dated 11.02.2023 and submitted that the third respondent has inspected the place in question in the presence of the petitioner and stated that permission has been granted in accordance with the Government Order and there is no violation on the part of the authority concerned.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

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5. On a perusal of the report, dated 11.02.2023, it is seen that permission has been granted only in accordance with the Government Order. The said report, dated 11.02.2023 shall form part of the order. Though the petitioner filed the Writ Petition under the guise of Public Interest Litigation, we do not find any merit in the Writ Petition.

6. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [L.V.G.,J.] 15.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Trichy District, Trichy.

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

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

4.The Tahsildar, Lalgudi Taluk, Trichy District.

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

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D. KRISHNAKUMAR ,J.

and L.VICTORIA GOWRI,J.

ps ORDER MADE IN DATED : 15.02.2023 6/6