Senthil Kumar v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P(MD)No.2549 of 2018 Senthil Kumar ... Petitioner Vs.
1.The District Collector, Pudukkottati District, 2.The Superintendent of Police, Pudukkottai District, 3.The Inspector of Police, Kantharvakottai Police Station, Pudukkottai District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant permission and to give necessary protection to conduct 'Mahasivarathiri Festival' on 13.02.2018 and Jallikattu conducted on 14.02.2108 in Arulmigu Sri Pidari Amman Temple at Naickerpatti Village, Kandarvakottai Taluk, Pudukkottai District, by considering the petitioner's representation dated 05.02.2018. For Petitioner : Mr.R.Jegadeeswaran For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the main Writ Petition itself is taken up for final disposal.
2. Mr.A.K.Baskarapandian, learned Special Government Pleader appears for R-1 to R-3.
3. The petitioner has submitted a representation dated 05.02.2018 to the first respondent, praying for permission to conduct 'Jallikattu'(Gaming of Bull) event at Naickerpatti Village, Kandarvakottai Taluk, Pudukottai District, to be held on 14.02.2018 on the eve of 'Mahasivarathiri' and since no orders have been passed, he has filed the present writ petition.
4. The matter was listed on 02.03.2018 and this Court directed the learned Special Government Pleader, to get instructions as it was represented that it is for the Government to take a call.
5. The matter is listed today and the learned counsel appearing for the petitioner has drawn the attention of this Court to the District Gazette of Pudukottai District in Na.Ka.No.C5/25542/2009, dated 07.09.2009 and would submit that as per the Said G.O, Kandarvakottai is one of the places identified in Pudukottai District to conduct 'Jallikattu' and as such, there cannot be any impediment on the part of the official respondents to accord permission to conduct 'Jallikattu' and whatever be the conditions imposed would be strictly complied with and prays for appropriate orders.
6. Per contra, Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for the respondents would submit that for the year 2017, the said place was also notified as per the Gazette notification issued by the Animal Husbandry, Dairying and Fisheries Department, Government of Tamil Nadu, dated 21.01.2017 and insofar as this year is concerned, the Department is yet to consider the same.
7. This Court has carefully considered the rival submissions and also perused the materials placed before it.
8. In the light of the fact that the date on which 'Jallikattu' is sought to be conducted is already over, the petitioner is at liberty to submit his representation for the purpose of conducting 'Jallikattu', to the date selected and fixed by the first respondent and as and when such representation is received, the same shall be processed, if it is otherwise in order and is to be forwarded to the Animal Husbandry, Dairying and Fisheries Department, Government of Tamil Nadu, who shall take into consideration of the same and pass appropriate orders in accordance with law, as expeditiously as possible.
9. The Writ Petition stands disposed of accordingly. No Costs.
Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Pudukkottati District,
2.The Superintendent of Police, Pudukkottai District, 3.The Inspector of Police, Kantharvakottai Police Station, Pudukkottai District.
+1cc to M/S.R.Jegadeeswaran, Advocate SR.No. 54139 +1cc to Special Government Pleader, SR.No. 54913 ORDER MADE IN W.P(MD)No.2549 of 2018 09.03.2018 pm JM/SKN RSK/SAR 1/23.03.2018/3P/6C