Madras High CourtWP(MD)/1201/2019disposed of

D.Pandian, v. The District Collector,

2019-01-25Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.(MD)(MD)No.1201 of 2019 D.Pandian : Petitioner Vs.

1.The District Collector, Office of the District Collector, Dindigul District.

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

3.The District Revenue Officer, Dindigul District.

4.The Revenue Divisional Officer, Dindigul Distirct.

5.The Tasildar, Athur Taluk, Dindigul District.

6.The Inspector of Police, Ayyampalayam Police Station, Athur Taluk, Dindigul District.

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, to direct the respondents to consider the petitioner's representations dated 31.12.2018 and 14.01.2019 and consequentially direct the respondents to select an alternative place to conduct the Jallikattu on 27.01.2019 at the Ayyampalayam Village, Athur Taluk, Dindigul District instead of at 13th Ward, Konar Street, Ayyampalyam Village, Athur Taluk, Dindigul District.

For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This Writ Petition has been filed to direct the respondents to consider the petitioner's representations dated 31.12.2018 and

14.01.2019 and consequentially direct the respondents to select an alternative place to conduct the Jallikattu on 27.01.2019 at the Ayyampalayam Village, Athur Taluk, Dindigul District instead of at 13th Ward, Konar Street, Ayyampalyam Village, Athur Taluk, Dindigul District.

2.The learned counsel appearing petitioner would submit that the petitioner is an agriculturalist and living in Ayyampalayam Village. He would further submit that the place selected for erecting 'Vadivasal' is situated right in the front of the petitioner's house, causing great hardship and disturbance to the privacy of the petitioner and thereby, he had sent representation to the respondent police to erect the Vadivasal and conduct the Jallikattu at an alternative location. He would also submit that alternate location is available in the same village (Ayyampalayam Village), which would be convenient for everybody and Jallikattu can be conducted there without disturbing or causing hindrance to anybody, whereas, the present place selected by the festival committee is encroaching the public streets causing disturbance to all.

He would further submit that the petitioner is facing difficulty since the participants and other persons, who came to watch the Jallikattu used to climb the compound wall of the petitioner's house and thereby creating much hardship to the petitioner's privacy whereas the respondent police have not considered the representation of the petitioner and thereby, he had approached this Court with this petition.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that this year the respondents have selected the said place and elaborate arrangements have also been made ready for conducting of Jallikattu and it would be difficult to change to an alternative venue at this last moment and would submit that the representation of the petitioner will be considered in future and that necessary protection will also be provided to the petitioner's house this year. He would further submit that the protection will be given by the second respondent and that in future the respondent police will grant permission for conducting Jallikattu in an alternative location, taking into consideration the petitioner's representation.

4.In view of the same, this Writ Petition is disposed of directing the respondent police to consider the petitioner's representation, in future, for conducting Jallikattu, at an alternative location in the said village. No costs. Sd/- Assistant Registrar(AD-I) /TRUE COPY/ Sub Assistant Registrar

To 1.The District Collector, Office of the District Collector, Dindigul District.