Sutha v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.05.2023

CORAM:

THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Sutha ... 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 Revenue Divisional Officer, Devakottai, Sivagangai District.

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5.The Tahsildar, Devakottai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the third Respondent to recommend the petitioner's village to the 1st and 2nd Respondents to include the Gazette Notification and permit the petitioner to conduct Vadamadu Manjuvirattu based on 01.06.2023 as part of the temple festival of Arulmighu Shri Muthumariamman Temple Mulaipari function and Krishna Jeyanthi at Thirrukottai Village, Uruthikottai panchayat, Devakottai Taluk, Sivagangai District, 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 17.04.2023.

For Petitioner : Mr.K.Sivabalan For Respondents : Mr.M.Sarangan, Additional Government Pleader Page No.2/8

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] Mr.M.Sarangan, learned Additional Government Pleader takes notice for the respondents.

2. The prayer in the writ petition is for issuance of a Writ of Mandamus, to direct the third Respondent to recommend the petitioner's village to the 1st and 2nd Respondents to include in the Gazette Notification and permit the petitioner to conduct "Vadamadu Manjuvirattu" on 01.06.2023 in connection with the temple festival of Arulmighu Shri Muthumariamman Temple Mulaipari function and Krishna Jeyanthi at Thirrukottai Village, Uruthikottai panchayat, Devakottai Taluk, Sivagangai District, based on G.O(MS)No.7 Animal Husbandry Dairying and Fisheries (AH3) Department, dated 21.07.2017, by considering the petitioner's representation dated 17.04.2023. Page No.3/8

3. Learned counsel appearing for the petitioner would submit that the petitioner's village is consisting of 1000 families and most of the villagers are agriculturists. In the petitioner's village, every year, Vadamadu Manjuvirattu is conducted enabling the villagers to take part in the said event. The first respondent had issued a Gazette Notification by including some of the Villages in Sivagangai District. But unfortunately, petitioner's village has not been included in the Gazette Notification. However, the petitioner made a representation dated 17.04.2023 to the third respondent seeking permission to conduct "Vadamadu manjuvirattu" for this year, by following the conditions and the rules framed in G.O.Ms.No.7. The third respondent vide proceedings, dated 21.04.2023 forwarded the same to the respondents 4 and 5. But so far, there is no progress. Hence, this writ petition.

4. Learned counsel appearing for the petitioner would submit that, it would suffice if the representation of the Petitioner dated 17.04.2023 for conducting the "Vadamadu Manjuvirattu" is considered positively.

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5. Heard both sides.

6. Considering the above facts and circumstances, we are of the view that the petitioner's village shall be permitted to conduct the said event on par with other villages in the Gazette Notification. Learned counsel for the petitioner submitted that for this year, Vadamadu Manjuvirattu is scheduled to be held during the month of June 2023. Considering the fact that the event of Vadamadu Manjuvirattu is conducted from time immemorial and the fact that the petitioner's village is not included in the Gazette Notification while other villages have been included, we are of the view that the Petitioner's village shall be granted permission to conduct the "Vadamadu Manjuvirattu", till the issuance of G.O in this regard. Therefore, we direct the third respondent/District Collector, Sivagangai District, to pass orders on the representation of the Petitioner permitting the petitioner to conduct Vadamadu Manjuvirattu event subject to the other conditions, till the Government Order in this regard is issued by the Government. Such an exercise shall be Page No.5/8

completed within a period of ten days from the date of receipt of a copy of this order.

8. With the above directions, the Writ Petition is disposed of. No costs.

[T.R., A.C.J.] [L.V.G.,J.] 17.05.2023 NCC : Yes / No Index : Yes / No Internet: Yes RM Page No.6/8

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 Revenue Divisional Officer, Devakottai, Sivagangai District.

5.The Tahsildar, Devakottai Taluk, Sivagangai District Page No.7/8

T.RAJA, A.C.J.

and L.VICTORIA GOWRI, J.

RM ORDER MADE IN DATED : 17.05.2023 Page No.8/8