Rajasekar .K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD) No.15677 of 2023 K.Rajasekar ... Petitioner -vs1.The District Collector Sivagangai District Sivagangai 2.The Superintendent of Police Sivagangai District Sivagangai 3.The Thasildar Singampunari Taluk Sivagangai District 4.The Inspector of Police Singampunari Town Police Sivagangai District 5.The Managar Sivagangai Devasthanam Sivagangai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents 1 to 4 from granting permission to conduct the "Ilavatta Manjuvirattu" dated on 09.08.2023 in Agricultural Lands comprised in S.Nos.361/2, 362/1, 362/2, 362/3, 362/4A and 362/4C or in any other places at Singampunari, Sivagangai District, which has not been notified under Clause (dd) of Section 2 of Prevention of Cruelty to Animals (Tamilnadu Amendment) Act, 2017. For Petitioner :

Mr.T.Lajapathi Roy, Senior Counsel for M/s.Lajapathi Roy Associates For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 & R3 Mr.M.Veeranthiran Government Advocate (Crl.Side) for R3 & R4)

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 & 3 and Mr.M.Veeranthiran, learned Government Advocate, takes notice for the respondents 2 & 4.

2. Since we are not passing any adverse orders, notice to the fifth respondent is dispensed with.

3. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

4. This writ petition is filed for issuance of a writ of mandamus forbearing the respondents 1 to 4 from granting permission to conduct "Ilavatta Manjuvirattu" on 09.08.2023 in agricultural lands comprised in Survey Nos.361/2, 362/1, 362/2, 362/3, 362/4A and 362/4C or in any other place at Singampunari, Sivagangai District, which are not notified under Clause (dd) of Section 2 of the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017.

5. Since the place, where Manjuvirattu event is scheduled to be conducted on 09.08.2023, is not notified and Clause (dd) of Section 2 of the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 prohibits conducting of such events beyond the month of May of every calender year,

this Court is convinced that the prayer in this writ petition cannot be considered.

6. Learned Government Advocate (Criminal Side) appearing for the respondents 2 & 4 has produced before this Court a copy of the proceedings of the Inspector of Police, Singampunari Police Station, dated 19.07.2023, refusing to grant permission to conduct Manjuvirattu in the place in question.

7. In these circumstances, directing the respondents to take appropriate action, through the Law Enforcing Agency, to prevent such events, if they are conducted in the places, which are not notified and not conducted in accordance with law, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.S.S.R., J.] [D.B.C., J.] 03.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Sivagangai District, Sivagangai.

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

3.The Thasildar, Singampunari Taluk, Sivagangai District.

4.The Inspector of Police, Singampunari Town Police, Sivagangai District.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk and W.M.P.(MD) No.15677 of 2023 03.08.2023