Rasu Ambalam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.3465 of 2024 Rasu Ambalam ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

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

3.The Tahsildar, Taluk Office, Ponnamaravathy, Pudukkottai District.

4.The Zonal Joint Director, Animal Husbandry Department, Pudukkottai.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to grant permission to conduct Manjuvirattu to be held on 09.03.2024 at Varpattu Village, Ponnamaravathy Taluk, Pudukkottai District by considering the representation dated 02.01.2024 and 08.02.2024.

For Petitioner :Mr.M.Ramu For R1, R3 & R4 :Mr.P.Thilak Kumar, Government Pleader For R-2 :Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the first respondent to grant permission to conduct Manjuvirattu to be held on 09.03.2024 at Varpattu Village, Ponnamaravathy Taluk, Pudukkottai District by considering the representation, dated 02.01.2024 and 08.02.2024.

2. Mr.P.Thilak Kumar, learned Government Pleader, takes notice for the respondents 1, 3 and 4.

3. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor, takes notice for the second respondent.

4. The learned Government Pleader, on instructions, would submit that in this matter, the third respondent/Tahsildar has already sent a report to the first respondent/District Collector for passing appropriate orders. He would further submit that in the report of the Tahsildar, reasons were given for not considering the request of the petitioner stating that they are not complying with the guidelines while conducting 'Manjuvirattu' event.

5. However, we are of the view that the competent authority to decide the issue and pass final orders, is the District Collector. Therefore, the petitioner is directed to make a fresh representation to the first respondent/District Collector, Pudukkottai District, within a period of one week from the date of receipt of a

copy of this Court. On receipt of such representation from the petitioner, the first respondent/District Collector, shall consider the same and pass appropriate orders, within a period of one week thereafter. With the above directions, the writ petition is disposed of. No Costs. [D.K.K., J.] [R.V., J.] 15.02.2024 Index :

Yes / No PM Note:Issue Order Copy on 16.02.2024

To:

1.The District Collector, Pudukkottai District, Pudukkottai.

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

3.The Tahsildar, Taluk Office, Ponnamaravathy, Pudukkottai District.

4.The Zonal Joint Director, Animal Husbandry Department, Pudukkottai.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.3465 of 2024 15.02.2024