Madras High CourtWP(MD)/260/2018disposed of

S.P.Chellaiah, v. The District Collector,

2018-01-12Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P(MD)No. 260 of 2018 S.P.Chellaiah .. Petitioner Vs.

1. The District Collector, Pudukkottai.

2. The Superintendent of Police, Pudukkottai.

3. The Revenue Divisional Officer, Iluppur Taluk, Pudukkottai District.

4. The Thasildar, Keeranur, Kulathur Taluk, Pudukkottai District.

5. The Inspector of Police, Mathur Police Station, Pudukkottai District.

6. The Sub Inspector of Police, Mandaiyur 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 respondent to grant permission to perform Jallikattu to be held on 16.01.2018 on the basis of petitioner representation dated 23.12.2017 in connection with the temple festival at Sri Periya Ayyanar temple, Mandaiyur Village, Kulathur Taluk, Pudukkottai District.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.A.K.Baskara Pandian Additional Government Pleader.

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition itself, is taken up for final disposal.

2.Mr.A.K.Baskara Pandian, learned Additional Government Pleader, appears for the respondents.

3. The petitioner has filed the writ petition as Public Interest Litigation claiming that he is a member of the Pongal Vizha Committee of Sri Periya Ayyanar temple, Mandaiyur Village, Kulathur Taluk, Pudukkottai District and further according to him, from time immemorial, the pongal festival is conducted and the Jallikattu (bull tamming) is also used to be conducted in accordance with the said temple function. The petitioner, in accordance with the temple festival to be held during January 2018, submitted an application/representation dated 23.12.2017 to the first respondent with copy marked to the respondents 2 to 4 praying for appropriate permission to conduct the Jallikattu on 16.01.2018 and prayed for appropriate police protection. Since it has not been considered and given a disposal, the petitioner came forward to file the present Writ Petition.

4. When the matter was listed on 09.01.2018, this Court directed the learned Government Advocate to file a flow-chart as to the process adopted for disposal of the application seeking permission to conduct Jallikattu. Accordingly, the proceedings of the Office of the Director to Animal Husbandry Dairying and Fisheries (AH3) Department, Chennai-600 006, dated 21.01.2017 with annexure which contains the rules for conducting Jallikattu has been submitted.

5. Now coming to the facts and circumstances of this case, the learned Additional Government Pleader, on instructions, would submit that for the last year, G.O.Ms.No.8, Animal Husbandry, Dairying and Fisheries (AH 3) has passed an order dated 21.01.2017, in and by which, notification has been issued regarding the places in which Jallikattu may be conducted from 21.01.2017 to 31.01.2017 and for this year also, similar kind of notification is likely to be issued very soon or may be even today itself. In all probability, the same places would be the notified places. Since the application submitted by the petitioner is not in respect of the said notified places, it is not yet processed.

6. This Court has considered the rival submissions and perused the materials placed before this Court.

7. Though the petitioner prays for a larger relief, in the light of the facts and circumstances, this Court, without going into the merits of the claim projected by the petitioner, directs the first respondent to consider and dispose of the petitioner's application /representation dated 23.12.2017, in accordance with law and pass orders within a period of one week from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

8. The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To