Ramachandran, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.18518 of 2017 Ramachandran ...

Petitioner -Vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Superintendent of Police, Sivagangai District, Sivagangai.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to permit to conduct the Sri Banchachara Ayyanar Temple "Puravieduthal" Festival in connection with Vada Maadu Manchu Virattu scheduled on 22.10.2017 at Perumal Patti Village, Cholapuram, Sivagangai Taluk, Sivagangai District by considering the petitioner's representation dated 18.09.2017. For Petitioner : Mr.J.M.Jeyakarthick For Respondents : Mr.D.Muruganadam Additional Government Pleader.

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O R D E R

This Writ petition has been filed for issuing a Writ of Mandamus, to direct the respondents to permit the petitioner to conduct Vada Maadu Manchu Virattu in connection with Sri Banchachara Ayyanar Temple "Puravieduthal" Festival scheduled on 22.10.2017 at Perumal Patti Village, Cholapuram, Sivagangai Taluk, Sivagangai District by considering the petitioner's representation dated 18.09.2017.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

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3.The learned Counsel appearing for the petitioner states that the petitioner's village and neighbouring village used to celebrate Sri Banchachara Ayyanar Temple "Puravieduthal" Festival for several years in the Tamil month of 'Purattasi' and that this year also they have decided to celebrate the same on 23.10.2017. In this connection, it is stated that the petitioner has submitted a representation, dated 18.09.2017 to grant permission for conducting Vada Maadu Manchu Virattu function. The said representation has not been considered by the respondents so far and hence, the petitioner has come forward with this petition. 4.

The learned Counsel for the petitioner submitted that "Vada Maadu Manchu Virattu" function is not similar to the event "Manchu Virattu" or "Earu Thaluvuthal" as it is understood in the normal parlance attracting the notification issued by the State Government under Prevention of Cruelty to Animals (Tamil Nadu Amendment) Ordinance, 2017. Therefore it is submitted that the permission may be granted, despite the notification issued under the provisions of the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Ordinance, 2017.

5.Having regard to the submission of the learned Counsel for the petitioner, this Court, without expressing any opinion on the petitioner contention, issue the following directions: 5.1.The first respondent is directed to consider the representation of the petitioner dated 18.09.2017 and pass appropriate orders, if necessary after getting report from the third respondent with regard to the nature of event organized by the petitioner and after hearing the petitioner on or before 20.10.2017. If permission is granted by the first respondent, then the third respondent is directed to provide police protection subject to any reasonable restrictions or conditions so as to maintain law and order and communal harmony.

6.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(ADII) /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, Sivagangai Town Police Station, Sivagangai District. +One cc to M/s.J.M.Jeyakarthick, Advocate, SR.No.81725 +One cc to The Special Government Pleader, SR.No.81820 cmr/ls RL/6C/2P/KP/SAR2/9/10/2017 W.P.(MD) No. 18518 of 2017 05.10.2017 https://hcservices.ecourts.gov.in/hcservices/