K.Meyyar v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD)No.16434 of 2024 K.Meyyar ... Petitioner Vs.
1.The Principal Secretary, Animal Husbandry and Welfare Department, Secretariat, Chennai.
2.The Commissioner, Animal Husbandry and Welfare Department, Anna Salai, Nandanam, Chennai.
3.The District Collector, Office of the District Collectorate, Madurai.
4.The Superintendent of Police, Madurai District Police Office, Madurai.
5.The Deputy Superintendent of Police, Melur, DSP Office, Melur, Madurai District.
6.The Inspector of Police, Keelavalavu Police Station, Keelavalavu, Madurai District.
...Respondents
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PRAYER: Petition filed under Article 226 of Constitution of India, praying this Court to issue Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 3rd respondent in Na.Ka.No. 2300501/2024/rp3, dated 02.08.2024 quash the same and consequently, to direct the 3rd respondent to grant permission to conduct Majuvirattu cultural event on 16.08.2024 from before noon 12.00 pm., to evening 02.00 pm., in Sri Thanga Natchiyamman Kovil Manjuvirattu Thittal at Sumathipuram, Semminipatty Village, Muthusamipatty Post, Melur Taluk, Madurai District. For Petitioner : Mr.N.Mohammed Ayyadurai For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader For R4 to R6 : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side)
ORDER
(Order of the Court was made by P.VELMURUGAN, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 to 3 would submit that the Legislature has passed an Act, called Prevention of Cruelty to Animals (Tamil Nadu Amendment), Act, 2017 ie., Act 1 of 2017, where what are all the places or village and festival, this kind of Jallikattu can be permitted to take place District-wise in every revenue districts 2/5
had been provided by notification issued by the Animal Husbandry, Dairying and Fisheries Department, under G.O(Ms)No.8, dated 21.01.2017. 3.Relying upon this list of places or villages, the learned Government Pleader for the respondents 1 to 3 would contend that the village of the petitioner does not fall in the list provided in the said Government Order or annexure to the Government Order. Therefore, the impugned order has been passed rejecting the request of the petitioner. 4.In view of the said submission, we are of the view that since the petitioner's village is not notified in the Act, the impugned order has been passed by the 3rd respondent. Therefore, there is no perversity or illegality or arbitrary in passing the impugned order.
5.However, the learned counsel appearing for the petitioner seeks permission of this Court to do customary pooja or practice by using the temple bullock.
6.Insofar as the said contention is concerned, there cannot be any restriction for doing the customary practice or pooja with the temple bullock except that no other cattle has to be involved. 3/5
7.With the above observation, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [P.V, J.] & [K.K.R.K., J.] 12.08.2024 NCC : Yes / No Index : Yes/No Internet : Yes/No Yuva To 1.The Principal Secretary, Animal Husbandry and Welfare Department, Secretariat, Chennai.
2.The Commissioner, Animal Husbandry and Welfare Department, Anna Salai, Nandanam, Chennai.
3.The District Collector, Office of the District Collectorate, Madurai.
4.The Superintendent of Police, Madurai District Police Office, Madurai.
5.The Deputy Superintendent of Police, Melur, DSP Office, Melur, Madurai District.
6.The Inspector of Police, Keelavalavu Police Station, Keelavalavu, Madurai District.
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P.VELMURUGAN, J.
AND K.K.RAMAKRISHNAN, J.
Yuva 12.08.2024 5/5