Balamurugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.15000 of 2023 Balamurugan ... Petitioner vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

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

3.The Assistant Superintendent of Police, Aruppukottai, Virudhunagar District.

4.The Inspector of Police, Aviyur Police Station, Kariyapatti Taluk, Virudhunagar District.

5.The Assistant Director, Animal Husbandry Department, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the fifth respondent in Na.Ka.No.15/U/2023, dated 13.06.2023 and to quash the same and 1/5

consequently, to direct the respondents 1 to 5 to grant permission and adequate police protection for conducting the Kidaai Muttu (Goat Fight) sports event on 25.06.2023 from 08.30 am onwards or any other subsequent date at Aviyur Village, Kariyapatti Taluk, Virudhunagar District.

For Petitioner :Mr.P.Suresh Kumar For Respondents :Mr.J.Ashok Additional Government Pleader *****

O R D E R

This Writ Petition has been filed in the nature of a Certiorarified Mandamus questioning the order passed by the fifth respondent/the Assistant Director, Animal Husbandry Department in Virudhunagar District, dated 13.06.2023. The said order was passed, since the first respondent had not granted permission for conducting Kidai Muttu (Goat Fight) sheduled on 25.06.2023 (Sunday).

2.Heard Mr.P.Suresh Kumar, learned Counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader for the respondents. 3.The learned Counsel for the petitioner placed reliance on the 2/5

judgment of the Division Bench of this Court in W.P.(MD)No.11751 of 2023, dated 11.05.2023. [M.Ganesan vs. District Collector and others], wherein, various conditions have been imposed, by which permission can be granted.

4.The learned Counsel for the petitioner also placed reliance on the order of a learned Single Judge of this Court in W.P.(MD)No.2130 of 2023, dated 08.02.2023 [M.Basheer Ahmed vs District Collector, Virudhunagar and others]. There also several conditions have been given.

5.A direction is given to the first respondent to examine the aforementioned orders and pass necessary orders and forward the same to the fifth respondent. Since the fifth respondent will now have to reconsider his own order, on the basis of the order of the District Collector, the order impugned is set aside and a fresh order may be passed by the fifth respondent on the basis of the order of the first respondent. Though the festival was scheduled to be held on 25.06.2023, it is now been stated by the learned Counsel for the petitioner that it would be held on 3/5

02.07.2023. The entire process by the first and fifth respondent should be completed within that particular date.

6.The Writ Petition stands disposed of. No costs. Index :Yes / No 23.06.2023 Internet :Yes NCC : Yes/No Note: Issue order copy by 26.06.2023.

cmr To 1.The District Collector, Virudhunagar District, Virudhunagar.

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

3.The Assistant Superintendent of Police, Aruppukottai, Virudhunagar District.

4.The Inspector of Police, Aviyur Police Station, Kariyapatti Taluk, Virudhunagar District.

5.The Assistant Director, Animal Husbandry Department, Virudhunagar District.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.15000 of 2023 23.06.2023 5/5