Venkatesawaran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.05.2018
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.11274 of 2018 and W.M.P(MD).No.10296 of 2018 Venkatesawaran : Petitioner Vs.
1. The District Collector, Sivagangai District, Sivagangai.
2. The Superintendent of Police, Sivagangai District, Sivagangai.
3. The Revenue Divisional Officer, Sivagangai District, Sivagangai.
4. The Inspector of Police, Salaikiramam Police Station, Sivagangai District.
5. Rasu Udayar : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to the first respondent not to permit the proposed Jallikattu or Manjuvirattu on 23.05.2018 by the Udayar Community people at Ayyampatti Village of Ilayamgudi Taluk, Sivagangai District at Arulmigu Sri Kalungu Muneeswarar Temple situated at Ayyampatti Village, Ilayangudi Taluk, Sivagangai District based on the petitioner's representation dated 03.05.2018 and consequently direct the first respondent to convene peace committee meeting to hear the both sides and pass suitable orders for Manjuvirattu or Jallikattu.
For Petitioner : Mr.S.Muthalraj For R1 to R4 : Mr.A.K.Baskarapandian Special Government Pleader For R5 : Mr.R.J.Karthick
O R D E R
The petitioner has come forward with this Writ Petition seeking a Writ of Mandamus to the first respondent not to permit the proposed Jallikattu or Manjuvirattu on 23.05.2018 by the Udayar Community people at Ayyampatti Village of Ilayamgudi Taluk, Sivagangai District at Arulmigu Sri Kalungu Muneeswarar Temple situated at Ayyampatti Village, Ilayangudi Taluk, Sivagangai District based on the petitioner's representation dated 03.05.2018 and consequently direct the first respondent to convene peace committee meeting to hear the both sides and pass suitable orders for Manjuvirattu or Jallikattu.
2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 4 and the learned counsel appearing for the fifth respondent.
3.According to the petitioner, the petitioner made a representation dated 03.05.2018 not to permit the proposed Jallikattu or Manjuvirattu on 23.05.2018 by the Udayar Community people at Ayyampatti Village of Ilayamgudi Taluk, Sivagangai District at Arulmigu Sri Kalungu Muneeswarar Temple situated at Ayyampatti Village, Ilayangudi Taluk, Sivagangai District. One Alagarsamy made an objection for the permission to be granted for the representation made by the fifth respondent. Without considering the said objection, the first respondent has granted a permission to the fifth respondent. Hence, the petitioner has come before this Court with this writ petition. 4.The learned counsel appearing for the fifth respondent would submit that the permission was granted by the first respondent on 18.04.2018 and the events was already conducted.
Hence, the writ petition has become infructuous. 5.The learned Special Government Pleader would submit that the District Collector, Sivagangai, has passed proceeding in Na.Ka.No.D1/1225/2017, dated 18.04.2018, wherein the peace committee meeting was conducted and the order has been passed, thereafter, Government has issued notification on 15.05.2018. Therefore, the present writ petition is not maintainable, that the petitioner has not challenged the aforesaid Government order or the peace committee orders passed in the peace committee meeting, dated 18.04.2018 and further, has submitted that already the permission was granted to conduct the Manjuvirattu and the said events was completed today (i.e 23.05.2018) at 02.30pm., itself. Therefore, the present prayer has become infructuous. 6.
Considering the facts and circumstances of the case and also considering the fact that the event was conducted today (i.
23.05.2018) itself, nothing survives for further adjudication in this writ petition. It is open to the petitioner to avail any other remedy which is available under the law to seek his remedy. 7.Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To
1. The District Collector, Sivagangai District, Sivagangai.
2. The Superintendent of Police, Sivagangai District, Sivagangai.
3. The Revenue Divisional Officer, Sivagangai District, Sivagangai.
4. The Inspector of Police, Salaikiramam Police Station, Sivagangai District.
+ 1 CC TO Mr.S.MUTHALRAJ, ADVOCATE IN SR No. 66077 + 1 CC TO Mr.R.J.KARTHICK, ADVOCATE IN SR No. 66062 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 66188 TM/RMK TE/KKR/SAR-2 : 01/06/2018 : 3P/8C W.P.(MD)No.11274 of 2018 23.05.2018