P.A.Innasi, S/O.Arockyam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2018
CORAM:
THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM and THE HONOURABLE Mrs. JUSTICE R.THARANI W.P.(MD)Nos.63 & 735 of 2018 W.P.(MD)No.63 of 2018:
P.A.Innasi ... Petitioner Vs.
1.The District Collector, Dindigul District, Dindigul.
2.V.Velayutham (R2 is suo motu impleaded vide order dated 30.01.2018 in W.P.(MD) No.63 of 2018) ... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant permission to the petitioner to conduct Jallikkattu on 11.02.2018 in Jallikattu Veethi, A.Vellodu, Dindigul Taluk, Dindigul District based on the petitioner's petition dated 12.12.2017 to the Respondent.
For Petitioner : Mr.T.Selvam For Respondents : Mr.D.Muruganandam, AGP for R1 W.P.(MD)No.735 of 2018:
D.Yacoob ... Petitioner Vs.
1.The District Collector, Dindigul District.
2.The Tahsildar, Dindigul.
3.The Superintendent of Police, Dindigul.
4.The Inspector of Police, Ambathurai Police Station, Dindigul.
5.P.A.Innasi 6.V.Velayutham President of Arulmighu Annai Bhagavathi Amman Thirukkovil, East Street, A.Vellodu , Dindigul District (R6 is suo motu impleaded vide order dated 30.01.2018 in W.P.(MD) No.735 of 2018) ... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant permission to conduct Jallikkattu on 21.01.2018 in pursuant to the Periya Kovil Punitha Santhiyaagappar festival in A.Vellodu Village, Dindigul District.
For Petitioner : Mr.R.Maheswaran For Respondents : Mr.D.Muruganandam, AGP for R1 to R4 Mr.T.Selvam for R5 and R6 COMMON ORDER (Order of the Court was made by T.S.SIVAGNANAM,J.) Heard Mr.T.Selvam, learned counsel for the Writ petitioner in W.P.(MD)No.63 of 2018, Mr. R.Meheswaran, learned counsel for the Writ petitioner in W.P.(MD)No.735 of 2018 and Mr.Muruganandam, Additional Government Pleader appearing for the official respondents.
2.The petitioner in W.P.(MD)No.63 of 2018 is one Thiru P.A.Innasi and he seeks for a direction upon the official respondents to grant permission for conducting Jallikattu on 11.02.2018 in Jallikattuveethi, A.Vellodu, Dindigul Taluk, Dindigul District, by considering his petition dated 12.12.2017. 3.The petitioner in W.P.(MD)No.735 of 2018 is one Thiru D.Yacoob and the prayer sought for is to direct the official respondents 1 to 4 to grant permission to conduct Jallikattu on 21.01.2018 in connection with the temple festival. In this Writ petition, Thiru P.A.Innasi, who is the Writ petition in W.P.(MD) No.63 of 2018, has been impleaded as the fifth respondent. 4.When the Writ petition in W.P.(MD)No.63 of 2018 came up for hearing earlier, this Court suo motu impleaded Thiru V.Velayutham, President of Arul Migu Annai Bhagavathi Amman Thirukkovil, East Street, A.Vellodu, Dindigul District and today he is present in Court.
5.From the records placed before this Court, it appears that there has been dispute with regard to who has to conduct the Jallikattu for the current year. Record of the proceedings shows that last year, the District Revenue Officer by order dated 13.02.2017 has granted permission to Thiru P.A.Innasi, who was
heading the Jallikattu celebration committee to conduct the said festival subject to certain conditions and it is stated that the festival was conducted successfully.
6.The petitioner in W.P.(MD)No.735 of 2018 appears to be a new entrant, who claims that the Jallikattu is the village festival, which is seriously disputed by Thiru P.A.Innasi, stating that it is a temple festival. In this regard, it is relevant to refer to the order passed by the District Revenue Officer dated 13.02.2017, by which, permission was granted for conducting Jallikattu during the last year and the said permission was for a temple festival viz., Punitha Santhiyagappar Thiruvela and we also find that Thiru P.A.Innasi, was the petitioner in the earlier Writ petition in W.P. (MD)No.1179 of 2013. Pursuant to which, the order dated 13.02.2017 was passed during the last year.
7.Thiru V.Velayutham is present in Court and he submitted that he is not a person whose desirous of conducting the festival, but, he acknowledges that the petitioner namely, Thiru P.A.Innasi group have been conducting the festival and if he is called, he will come and perform a holy ritual on the bull before starting the Jallikattu event.
8.In the light of the above, we dispose of these Writ petitions with the following directions:
i)Considering the above observations and taking note of the fact that Thiru P.A.Innasi was the petitioner in the earlier Writ petition in W.P.(MD) No.1179 of 2013 and an order dated 13.02.2017 in Na.Ka.No.2977/2017/C2 was passed for granting permission to conduct Jallikattu in connection with the temple festival, we direct the District Collector, Dindigul District to consider the application of the petitioner dated 12.12.2017 and pass orders within a period of two weeks from the date of receipt of the copy of this order. While doing so, the permission granted earlier should also be taken into consideration.
ii)Insofar as an application made by the petitioner in W.P.(MD)No.735 of 2018, we direct the District Collector, Dindigul District to consider his request separately and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order. It is open to the District Collector, Dindigul District to fix appropriate date, time and also place for conducting Jallikattu.
No costs.
Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar
To 1.The District Collector, Dindigul District.
2.The Tahsildar, Dindigul.
3.The Superintendent of Police, Dindigul.
4.The Inspector of Police, Ambathurai Police Station, Dindigul.
+2ccs to Mr.T.Selvam, Advocate, SR.Nos.48039, 48038 +One cc to The Special Government Pleader, SR.No.48948 +One cc to Mr.R.Maheswaran, Advocate, SR.No.48340 nbj RL/9C/4P/KK/SAR1/19/2/2018 W.P.(MD)Nos.63 & 735 of 2018 13.02.2018