Sivaram v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Sivaram : Petitioner Vs.

1.The District Collector, Virudhunagar District.

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

3.The Joint Director, Department of Animal Husbandry, Collectorate, Virudhunagar District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to provide the protection and permission to conduct Jallikattu in Watrap as notified in G.O.(D)No.127, Animal Husbandry, Dairying and Fisheries (AH3) dated 15.05.2019 in Maharajapuram Revenue Village, Watrap Firka, Watrap Taluk, Virudhunagar District in any date on or before 10.03.2024.

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For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.P.Thilak Kumar Government Pleader

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed seeking for a direction to the respondents to provide the protection and permission to conduct Jallikattu in Watrap as notified in G.O.(D)No.127, Animal Husbandry, Dairying and Fisheries (AH3) dated 15.05.2019 in Maharajapuram Revenue Village, Watrap Firka, Watrap Taluk, Virudhunagar District in any date on or before 10.03.2024. 2.Heard Mr.RM.Arun Swaminathan, learned Counsel appearing for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents. 3.According to the learned Government Pleader, the Village for which the petitioner is seeking permission and protection to conduct Jallikattu as per G.O.(D)No.127, Animal Husbandry, Dairying and Fisheries (AH3) dated 15.05.2019, is not a notified village for conducting Jallikattu as per 'the Prevention of Cruelty to Animals Act, 1960' [hereinafter 'the Act' for brevity]. In 2/5

such circumstances, the petitioner's prayer is misconceived. Learned Government Pleader further submitted that the said Village is a communally sensitive village and therefore, there is likelihood of law and order problems.

4.When the village for which permission is sought to conduct Jallikattu itself is not notified under the Act, then the request of the petitioner cannot be considered. However, the villagers are entitled to get permission from the Government by issuing necessary notification. Further, the said village being a communally sensitive village, there is likelihood of law and order problems and this Court is not inclined to entertain this Writ Petition.

5.With the above observation, this Writ Petition stands dismissed. There shall be no order as to costs. [D.K.K.,J.] & [R.V.,J.] 11.03.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector, Virudhunagar District.

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

3.The Joint Director, Department of Animal Husbandry, Collectorate, Virudhunagar District.

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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 11.03.2024 5/5