K.Jesumani v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2018 C O R A M THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.949 of 2018 & W.M.P.(MD)Nos.994 and 995 of 2018 K.Jesumani ... Petitioner /Vs./ 1.The District Collector, Dindigul District, Dindigul.

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

3.The Inspector of Police, Thadikombu Police Station, Dindigul District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent in Na.Ka.No.37221/2017/C2 dated 27.12.2017, quash the same and consequently directing the respondents to grant permission and necessary protection for conducting the Jallikkattu at Ulagampatti Village & Post, Agaram, Thadikombu Via, Dindigul District on the eve of Punitha Periya Anthoniar Church Festival on 22.01.2018 or any other subsequent date.

For Petitioner : Mr.K.Mahendran For Respondents : Mr.Chellapandian, Additional Advocate General Assisted by Mr.Aayiram K.Selvakumar, Additional Government Pleader

O R D E R

This writ petition has been filed challenging the order relating to conduct Jallikkattu at Ulagampatti Village & Post, Agaram, Thadikombu Via, Dindigul District on the eve of Punitha Periya Anthoniar Church Festival on 22.01.2018.

2. According to the petitioner, the petitioner is conducting Jallikkattu in the above said village in Punitha Periya Anthoniar Church Festival. Last year, they have conducted Jallikkattu. This https://hcservices.ecourts.gov.in/hcservices/

year, Jallikkattu is proposed to be conducted on 22.01.2018. The petitioner made an application to conduct Jallikattu to be held on 22.01.2018 to the first respondent, but, the first respondent rejected his application on the ground that the above said village is not notified to conduct Jallikkattu.

3. Today, when the matter is taken up for hearing, the learned Additional Advocate General appearing for the respondents submitted that in G.O.(D)No.23, Animal Husbandry, Dairying and Fisheries (AH3), 18.01.2018, the petitioner's village has been notified under Clause (dd) of Section 2 of the Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960), as amended by the Prevention of Cruelty to Animals (Tamil Nadu Amendment), Act, 2017 (Act 1 of 2017), and there is no impediment to conduct Jallikkattu, since the petitioner's village has been notified. The petitioner may be permitted to conduct Jallikkattu subject to other conditions.

4. In view of the above circumstances, this writ petition is disposed of and the order passed by the first respondent is set aside. The first respondent is directed to consider the representation of the petitioner for the grant of permission, imposing whatever conditions are necessary for conducting Jallikkattu and pass suitable orders on merits and in accordance with law on or before 22.01.2018. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul.

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

3.The Inspector of Police, Thadikombu Police Station, Dindigul District.

+1CC to Mr.K.Mahendran, Advocate, SR.No. 42946 W.P.(MD)No.949 of 2018 19.01.2018 sm AM/SKN RSK/SAR 4/22.01.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/