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Madras High CourtWP(MD)/5090/2021disposed of

Miras Murugesh v. The District Collector

2021-03-09Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.5090 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.5090 of 2021 (Through Video Conferencing) Miras Murugesh : Petitioner Vs.

1.The District Collector, Pudukottai District, Pudukottai 2.The Superintendent of Police, Pudukottai District, Pudukottai.

3.The Inspector of Police, Ponnamaravathy Police Station Pudukottai District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to give permission and protection to conduct the Jallikattu scheduled on 13.03.2021 at Edaiyathur Village, Ponnamaravathi Taluk, Pudukottai District.

For Petitioner : Mr.R.Murali For Respondents : Mr.K.P.Krishnadoss Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner seeks a direction to the respondents to conduct Jallikattu scheduled to be held on 13.03.2021. 2.The learned counsel for the petitioner submitted that all the arrangements have been made and permission has not been considered only on the ground of the ensuing election.

3.Placing reliance upon the instructions given, the learned Special Government Pleader submitted that the permission has not been granted on two grounds, namely, the ensuing election, which in its sweep involved the prohibition of gifts and the allotment of adequate public personnel for the conduct of the function. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5090 of 2021 4.What the petitioner seeks is to conduct the Jallikattu on 13.03.2021. Though the election process is set in motion, it is yet to take off. The programme is also only for a single day. Not many officials are required for the aforesaid conduct. The reason that gifts are prohibited would not stand in the way of the conduct of the programme, more so, when they are not being given on behalf of any party. The scheduled programme is continuation of the temple festival, which has got nothing to do with the election scheduled to be held.

5. In such view of the matter, we direct the respondents to give permission subject to the conditions that may be imposed to the petitioner for the purpose of conducting Jallikattu peacefully on 13.03.2021.

6. The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Pudukottai District, Pudukottai 2.The Superintendent of Police, Pudukottai District, Pudukottai.

3.The Inspector of Police, Ponnamaravathy Police Station Pudukottai District. +1 CC to M/s.R.MURALI, Advocate ( SR-9930[F] dated 10/03/2021 ) +1 CC to M/s.SPL GP ( SR-10123[F] dated 10/03/2021 ) Order made in W.P.(MD)No.5090 of 2021 Dated: 09.03.2021 NA(CO) TR(15.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2