M.Muthu Pandi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.10005 of 2018 and W.M.P.(MD)No.9141 of 2018 M.Muthu Pandi : Petitioner
Versus
1. The District Collector, Dindigul District, Dindigul.
2. The Superintendent of Police, Dindigul District, Dindigul.
3. The Inspector of Police, Thadikombu Police Station, Dindigul District.
: Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent in Na.Ka.No.37221/2017/c2, dated 10.04.2018, quash the same and consequently, directing the first respondent to grant permission and necessary protection for conducting the Jallikkattu at Thadikombu Village, Dindigul District, on the eve of Ullur Muthalaman Temple and Kuzhandhai Yesu Temple Festival on 25.05.2018 or any other subsequent date.
For Petitioner : Mr.K.Mahendran For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor ******
O R D E R
This Writ Petition has been filed challenging the order passed by the District Collector, Dindigul District, rejecting the
request of the petitioner to conduct Jallikkattu at Thadikombu Village, Dindigul District on 20.05.2018.
2. The grievance of the petitioner is that, the petitioner and his village people are conducting Jallikkattu regularly for several years, for the year 2018, they sought for permission to conduct Jallikkattu and the petitioner made a representation to the first respondent. But, without considering the fact that they are conducting Jallikkattu for several years continuously, the first respondent/District Collector, Dindigul District, has mechanically rejected the petitioner's request.
3. Heard the submissions made on either side.
4. It is an admitted fact that the petitioner's village is not the notified village. In the above circumstances, unless the village is notified by the Government for conducting Jallikkattu, the petitioner is not entitled to conduct Jallikkattu. If at all the petitioner's villagers are conducting Jallikkattu for several years continuously, they can make a representation to the District Collector, seeking for a direction to include the petitioner's village for the purpose of conducting Jallikkattu.
5. Considering the submission that the petitioner and his village people are conducting Jallikkatu for several years continuously, the petitioner is directed to file a fresh representation to the first respondent/District Collector, Dindigul District, under Rule 3(1) of the Tamil Nadu Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules, 2017, within a period of two weeks from the date of receipt of a copy of this order. If any such representation is filed, the first respondent/District Collector, Dindigul District, is directed to consider the same and pass suitable orders on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, within a period of two weeks thereafter. The petitioner and his village people are also directed to produce all the materials available with them showing that the petitioner's villagers are conducting Jallikkattu for several years.
6. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS)
To
1. The District Collector, Dindigul District, Dindigul.
2. The Superintendent of Police, Dindigul District, Dindigul.
3. The Inspector of Police, Thadikombu Police Station, Dindigul District.
+1 CC to MR.K.MAHENDRAN, Advocate ( SR-76176[F] dated 18/07/2019 ) Order made in W.P.(MD)No.10005 of 2018 18.07.2019 SML AE/(31.07.2019) 3P 5C