R.Singaram, S/O.Arumugam, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.14468 of 2017 R.Singaram ... Petitioner -Vs1. The District Collector, Sivagangai District, Sivagangai.
2. The Superintendent of Police, Sivagangai District, Sivagangai.
3. The Inspector of Police, Ulagampatti Police Station, Sivagangai District.
4.K.Malaiyandi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to forbear the 4th respondent from conducting Manjuvirattu within the jurisdiction of petitioner's Village i.e Murukkupatty Village, Maandhakudipatty Post, Singampunari Taluk, Sivagangai District by considering the petitioner's representation dated 10.07.2017.
For Petitioner : Mr.R.Amarnath For R-1 to R-3 : Mr.A.K.Baskara Pandian, Special Government Pleader.
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O R D E R
This Writ petition is filed for issuing a Writ of Mandamus directing the respondents 1 to 3 to forbear the 4th respondent from conducting Manjuvirattu within the jurisdiction of petitioner's Village i.e Murukkupatty Village, Maandhakudipatty Post, Singampunari Taluk, Sivagangai District by considering the petitioner's representation dated 10.07.2017.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. The learned counsel for the petitioner states that petitioner is residing in Murukkupatty village, Maandhakudipatty Post and that most of the villagers are agriculturalists. It is further stated by the petitioner that the fourth respondent by name K.Malaiyandi, who is a resident of Pidarampatty, is in the habit of conducting Manjuvirattu in the petitioner's village without the concurrence or permission of the villagers. It is further stated that the fourth respondent is collecting money in various villages under the guise of conducting Manjuvirattu in the petitioner's village.
4.It is further stated that, the programme Manjuvirattu is being conducted by the fourth respondent on his own in his individual capacity and that he is not conducting such Jallikattu or Manjuvirattu on the eve of 'Pongal Festival' in the Tamil month of 'Thai' or during the festival in the village as it was the practice earlier in the village.
5.Referring to the notification dated 31.01.2017, it is further stated that the Jallikattu or Manjuvirattu conducted by the fourth respondent is objectionable and that the fourth respondent is able to conduct the programme despite the objection and opposition of the villagers.
6. Having regard to the various facts narrated by the petitioner in affidavit filled in support of the petition this Court is inclined to pass the following directions:- The respondents 1 to 3 shall consider the representation of the petitioner. In case the fourth respondent approaches the respondents 1 to 3 in connection with the organization of Manjuvirattu or Jallikattu in the petitioner's village, the respondents 1 to 3 shall decide the application or representation of the fourth respondent and pass appropriate orders after giving an opportunity to the petitioner and the villagers on merits and in accordance with law.
7.With the above observation, this writ petition is disposed of. No Costs.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar
To
1. The District Collector, Sivagangai District, Sivagangai.
2. The Superintendent of Police, Sivagangai District, Sivagangai.
3. The Inspector of Police, Ulagampatti Police Station, Sivagangai District.
+1 cc to Mr.R.Amarnath , Advocate in SR.No. 70072 +1 cc to The Special Government Pleader in SR.No.70922 cp/dsk AE/KP/SAR3/04.09.2017/3P/6C W.P.(MD) No. 14468 of 2017 03.08.2017