M.S.Raja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.10.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.A(MD)No.930 of 2018 and C.M.P(MD)No.6067 of 2018 M.S.Raja .. Appellant/Petitioner Vs.

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Committee, Jallikattu, Thoothukudi District. ..Respondents/Respondents Prayer : Writ Appeal is filed under Clause 15 of the Letters Patent, to allow the writ appeal and set aside the order passed in W.P(MD)No.904 of 2018 dated 30.01.2018 on the file of this Court.

Prayer in WP(MD)No. 904 of 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the entire records of impugned online rejection status of the petition no.2017/9005/28/994122/1204 dated 15/12/2017 passed by the 1st respondent and quash the same and consequently forthwith direct the 1st respondent to grant permission to conduct Jallikattu at Srivaikundam Village, Thoothukudi District on 25.02.2018 between 6.00 AM to 06.00 PM in patta land in Sy.233/1, 234/1, 234/2, and 234/3, by forthwith forming the 2nd respondent committee on or before 10/02/2018 and further directed to grant all the necessary aid by the committee to conduct Jallikattu.

For Appellant : Ms.Meenakshi for Mr.T.Lajapathi Roy For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader

JUDGMENT

[Judgment of the Court was delivered by PUSHPA SATHYANARAYANA, J.] https://hcservices.ecourts.gov.in/hcservices/ This writ appeal is directed against the order dated 30.01.2018 passed in W.P(MD)No.904 of 2018.

2. The writ petition was filed challenging the on-line rejection to grant permission to conduct 'Jallikattu' at Srivaikumdam village, Thoothukudi District.

3. The learned single Judge had disposed of the said writ petition, directing the petitioner to approach the Government with relevant documents and get suitable orders to include the petitioner's village for the purpose of conducting 'Jallikattu'. This writ appeal is directed against the said order.

4. We have heard the submissions made on either side and perused the materials placed before us.

5. It is seen that pending writ appeal, this Court had directed the appellant / writ petitioner to submit relevant records or documents to the respondents within a week and thereafter, the respondents were directed to consider the same within two weeks.

Accordingly, in proceedings Na.Ka.No.C2/31830/2017 dated 17.10.2018, the first respondent has passed an order rejecting the claim of the appellant stating that the appellant could not produce any documents evidencing that 'Jallikattu' was conducted in Srivaikundam village from time immemorial.

6. In view of the above, as the first respondent has already passed an order, the writ appeal has become infructuous and accordingly, the same is dismissed and it is open to the appellant to challenge the said order in the manner known to law. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS-IV) To:

The District Collector, Thoothukudi District, Thoothukudi.

+1cc to Mr.T.Lajapathi Roy, Advocate Sr.No.92623 +1cc to Spl.Government Pleader Sr.No.92782 PM VB/SKN/SAR4/20.11.2018/2P/4C Judgment made in W.A(MD)No.930 of 2018 26.10.2018 https://hcservices.ecourts.gov.in/hcservices/