Muthukumar v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 22/05/2024
CORAM
THE HON'BLE Ms.JUSTICE R.N.MANJULA and THE HON'BLE MR.JUSTICE C.KUMARAPPAN WP(MD). No.11256 of 2024 and WMP(MD). No.10089 of 2024 Muthukumar, ... Petitioner Vs
1. The Principal Secretary, Animal and Husbandry Welfare Department, Secretariat, Chennai.
2. The Commissioner, Animal and Husbandry Welfare Department, Anna Salai, Nandanam, Chennai.
3. The District Collector, Sivagangai District, Sivagangai.
4. The Thasildar, Sivagangai Taluk, Sivagangai District, Sivagangai.
... Respondents 1/7
PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the third respondent to recommend the petitioner's village to the first and second respondent to include the Gazette Notification and permit the petitioner to conduct Jallikattu on 31.05.2024 based on the G.O.(Ms) No. 7 Animal Husbandry Dairying and Fisheries (AH3) Department dated 21.07.2017 by considering the petitioner's representation, dated 29.04.2024. For Petitioner : Mr.N.Jeyaram Sidharth, For Respondent : Mr.A.Baskaran Additional Government Pleader
ORDER
(Order of the Court was made by R.N.MANJULA, J) Heard Mr.N.Jeyaram Sidharth, learned counsel for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader, for the respondents.
2.This writ petition has been filed for a direction to the third respondent to recommend the petitioner's village to the first and second respondents to include the Gazette Notification and permit the petitioner to conduct Jallikattu on 31.05.2024 based on the G.O.(Ms) No. 7 Animal Husbandry Dairying and Fisheries (AH3) Department dated 21.07.2017 2/7
by considering the petitioner's representation, dated 29.04.2024.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. The petitioner herein had given a representation to the third respondent on 29.04.2024 to recommend the petitioner's village to the first and second respondents and to include in the Gazette Notification and permit the petitioner to conduct Jallikattu on 31.05.2024 based on the G.O.(Ms) No.7 Animal Husbandry Dairying and Fisheries (AH3) Department dated 21.07.2017. Since the said representation was not considered by the respondents so far, the present writ petition has been filed.
5. The learned counsel for the petitioner submitted that the request made by the petitioner to include the petitioner's village in the list of villages, which are eligible to hold Jallikattu, was not considered. He drew our attention to the order of this Court dated 26.04.2023, wherein, an order has been passed directing the District Collector, Sivagangai 3/7
District to pass orders to permit the petitioner therein to conduct Manju Virattu subject to certain conditions. He would further submit that similar such permission can be granted to the petitioner's village also, which is a neighbouring one. It is also learnt that on the application given by the petitioner to include the village in the list of villages, recommendation has been made by the Tahsildar that the petitioner's village can be included in the list. However, no order has been passed so far.
6. The learned Additional Government Pleader, would submit that the petitioner is required to produce certain documents for the purpose of considering the petitioner's village to be included in the list and notified.
7. It is to be noted that in the order passed in the writ petition in WP(MD) No.8745/2023, this Court has quashed the impugned order of the third respondent therein and directed the District Collector, Sivagangai to permit the petitioner therein to conduct Vadamadu Manjuvirattu subject to other conditions. Since the petitioner's village is a neighbouring village and for which, a recommendation has also been made by the 4th respondent, it is appropriate for the third respondent to 4/7
consider the request of the petitioner and pass appropriate orders either to include the petitioner's village in list or allowing the petitioner's village to hold Manjuvirattu with regular conditions to conduct Jallikattu this year in the event of the petitioner's submission of the application through online with relevant documents.
8. With the above direction, this writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. (R.N.M, J.) (C.K.,J.) 22.05.2024 NCC :
Yes/No Index :
Yes/No NOTE: Issue Order copy on 22.05.2024 RR 5/7
To
1. The Principal Secretary, Animal and Husbandry Welfare Department, Secretariat, Chennai.
2. The Commissioner, Animal and Husbandry Welfare Department, Anna Salai, Nandanam, Chennai.
3. The District Collector, Sivagangai District, Sivagangai.
4. The Thasildar, Sivagangai Taluk, Sivagangai District, Sivagangai.
6/7
R.N.MANJULA, J.
AND C.KUMARAPPAN, J.
RR W.P.(MD)No.11256 of 2024 22.05.2024 7/7