Pala.Karuppaiah v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14616 of 2017 Pala.Karuppaiah .. Petitioner Vs.
1.The District Collector Collector office, Ramanathapuram District.
2.The Superintendent of Police Ramanathapuram District, Ramanathapuram.
3.The Tahsildar Thiruvadanai Taluk, Ramanathapuram District.
4.The Inspector of Police Thiruppalaikudi Police Station, Thiruvadanai Taluk, Ramanathapuram District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to grant necessary permission and give adequate police protection to conduct "Erudhukkattu Festival" on 09.08.2017 of Sri Maha Sathaiah Ayyanar temple situated in the Village Paaranur Thiruvadanai Taluk Ramanathapuram District by considering the petitioners representation dated 21.07.2017 and 01.08.2017. For petitioner : Mr.K.Baalasundharam For respondents : Mr.T.S.Mohamed Mohideen Additional Government Pleader
O R D E R
[Order of the Court was made by G.R.SWAMINATHAN, J.] This writ petition has been filed in public interest seeking a direction for granting of necessary permission and adequate police protection to conduct "Erudhukkattu Festival" on
09.08.2017 at Paaranur Village, Thiruvadanai Taluk Ramanathapuram District, in connection with the festival of Sri Maha Sathaiah Ayyanar Temple.
2.The said temple festival is being celebrated in every Tamil Month of Aadi. On account of the controversy in connection with holding of "Jallikattu", the villagers are not been able to celebrate the "Erudhukkattu Festival" also. The fourth respondent herein was moved for grant of permission, but the fourth respondent had stated that the police cannot give any permission in this regard and it is for the first respondent to grant permission. Therefore the writ petitioner moved the first respondent, but till date there is no response forth coming. 3.It is seen that the "Erudhukkattu" is an ancient practice and it is celebrated in connection with the temple festival. This Court can take notice of the fact that "Erudhukkattu" is not comparable to "Jallikattu".
When "Jallikattu" is being permitted, there is no need to adopt a different yardstick in the case of "Erudhukkattu". In the case of "Erudhukkattu", there is no racing or taming and no cruelty is being perpetrated on the bull. Therefore, this Court is of the view that the fourth respondent himself can be directed to grant permission for holding the said "Erudhukkattu Festival". The first respondent has not been designated by any statute as a competent authority in this case. Only in the case of "Jallikattu", the District Collector is the competent authority. "Erudhukkattu" is not Jallikattu, therefore, the fourth respondent can be directed to grant permission for conducting the said "Erudhukkattu Festival" on 09.08.2017.
4. It is open to the fourth respondent to incorporate a list of conditions as to how the "Erudhukkattu" should be conducted so as to ensure that no kind of cruelty is committed on the animal. The animal cannot be made to run. If the conditions are violated, it is certainly open to the fourth respondent to immediately intervene and stop the function. It is open to the fourth respondent to decide on the extend of bandobust to be provided.
5. As the petitioner has stated that there has been no law and order problem so far, there is no need to give police protection. However, the presence of police may be required to regulate the public. Therefore, the fourth respondent can take a decision in this regard also.
6.Since the festival has to be conducted on 09.08.2017, the fourth respondent is directed to issue appropriate proceedings granting permission for conducting "Erudhukkattu Festival" with appropriate conditions on or before 08.08.2017 itself.
7.This Writ Petition is allowed with the above directions. No costs.
Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To:
1.The District Collector Collector office, Ramanathapuram District.
2.The Superintendent of Police Ramanathapuram District, Ramanathapuram.
3.The Tahsildar Thiruvadanai Taluk, Ramanathapuram District.
4.The Inspector of Police Thiruppalaikudi Police Station, Thiruvadanai Taluk, Ramanathapuram District.
+1cc to M/S.K.Baalasundharam, Advocate SR.No. 70416 ORDER MADE IN W.P.(MD)No.14616 of 2017 04.08.2017 km/tsg JM/SV/SAR 3/07.08.2017/3P/6C