Saravanan.Kn.Ar v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)NO.18013 OF 2023 and W.M.P(MD)No.15036 of 2023 KN.AR.Saravanan :Petitioner .vs.

1.The Principal Secretary, Animal Husbandry and Welfare Department, Anna Salai, Nandanam, Chennai.

2.The Commissioner, Animal Husbandry and Welfare Department, Anna Salai, Nandanam, Chennai.

3.The District Collector, 4.The Revenue Divisional Officer, Devakottai, Sivagangai District.

5.The Tahsildar, Karaikudi, Sivagangai District.

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6.The Superintendent of Police, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the impugned order of the third respondent in Na.Ka.D1/38124/2022, dated 15.7.2023 and to quash the same and further to direct the third respondent to recommend the Petitioner's village to the first and second respondent to include in the Gazette Notification and permit the Petitioner to conduct "Manjuvirattu''event on 26.7.2023 in the eve of Aadi Thiruvizha at Sri Kariyamanickka Perumal Kovil, Sri Athinamilagi Ayyanar Kovil, Sri Jegatheesvarar Jegathambal Kovil, Sri Sathiyavakeeswarar Meiyurainayagi Kovil and Sri Kaliyamman Kovil situated at Poiyalur Village, Karaikudi Taluk, Sivagangai District based on G.O.Ms.No.7, Animal Husbandry, Dairying and Fisheries((AH3) Department, dated 21.1.2017.

For Petitioner :Mr.G.D.Manikandan For Respondents :Mr.P.Thilak Kumar 1 to 6 Govt.Pleader

O R D E R

********* (Order of the Court was made by S.S.SUNDAR,J) This Writ Petition is filed seeking issuance of a Writ of Certiorarified Mandamus calling for the records of the impugned order of the third respondent in Na.Ka.D1/38124/2022, dated 2/6

15.7.2023 and to quash the same and further to direct the third respondent to recommend the Petitioner's village to the first and second respondent to include in the Gazette Notification and permit the Petitioner to conduct "Manjuvirattu''event on 26.7.2023 in the eve of Aadi Thiruvizha at Sri Kariyamanickka Perumal Kovil, Sri Athinamilagi Ayyanar Kovil, Sri Jegatheesvarar Jegathambal Kovil, Sri Sathiyavakeeswarar Meiyurainayagi Kovil and Sri Kaliyamman Kovil situated at Poiyalur Village, Karaikudi Taluk, Sivagangai District based on G.O.Ms.No.7, Animal Husbandry, Dairying and Fisheries((AH3) Department, dated 21.1.2017.

2.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 to 6. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.As per the Prevention of Cruelty to Animals (Tamil Nadu Amendment)Act, 2017, under Section 2, jallikattu, Manjuvirattu, Vadamadu and Erudhuvidumvizha which are in similar nature, are permitted to be conducted from the month of January to May of a calendar year and in such places, as may be notified by the State Government.In this case, the Petitioner did not mention whether the 3/6

place where he proposed to conduct the event is already notified by the State Government. Further, as the Petitioner has scheduled to conduct the event in the month of July 2023, the District Collector,Sivagangai District has rightly rejected the request of the Petitioner. This Court does not find any reason to interfere with the order of the District Collector, which in the opinion of this Court, is in accordance with the provisions of Prevention of Cruelty to Animals(Tamil Nadu Amendment)Act, 2017.

4.In view of the above, the Writ Petition is dismissed. No costs. It is open to the Petitioner to approach the District Collector, Sivagangai District or the appropriate authority to notify the place in which the Petitioner seeks permission to conduct the event between January to May of a Calendar year. Consequently, connected Miscellaneous Petition is closed.

[S.S.S.R.,J.] [D.B.C,J.] 26.07.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn 4/6

To 1.The Principal Secretary, Animal Husbandry and Welfare Department, Anna Salai, Nandanam, Chennai.

2.The Commissioner, Animal Husbandry and Welfare Department, Anna Salai, Nandanam, Chennai.

3.The District Collector, 4.The Revenue Divisional Officer, Devakottai, Sivagangai District.

5.The Tahsildar, Karaikudi, Sivagangai District.

6.The Superintendent of Police, 5/6

S.S.SUNDAR, J.

AND D.BHARATHA CHAKRAVARTHY,J.

vsn 0RDER MADE IN W.P(MD)NO.18013 OF 2023 and W.M.P(MD)No.15036 of 2023 26.07.2023 6/6