C. Selvakumar v. Tamilnadu State Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE and WMP(MD) No.24372 of 2024 C.Selvakumar ... Petitioner Vs 1.Tamil Nadu State Government Rep. by its Principal Secretary Revenue Department St. George Fort, Chennai.
2.Tamil Nadu State Government Rep. by its Principal Secretary Animal Welfare, Poultry, Fisheries and Fishermen Welfare Department St. George Fort, Chennai.
3. The District Collector Madurai District Madurai.
... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, direct the 1st and 2nd respondents to frame standard operating procedure (SOPs) ensuring equal participation of all tamers, equal participation of all bulls and equal 1/5
representation of all local community people in Jallikattu organizing committee where the Jallikattu event is conducted in upcoming yeas and thereby avoiding discrimination in Jallikattu events based on the petitioner's representation dated 22.10.2024. For Petitioner : Mr.C.Selvakumar Party in Person For Respondents : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by M.S.RAMESH,J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. The petitioner has filed this writ petition for a mandamus to direct the 1st and 2nd respondents to frame standard operating procedure (SOPs) ensuring equal participation of all tamers, equal participation of all bulls and equal representation of all local community people in Jallikattu organizing committee where the Jallikattu event is conducted in upcoming yeas and thereby avoiding discrimination in Jallikattu events based on the petitioner's representation dated 22.10.2024. 2/5
3. For framing of Standard Operating Procedure (SOPs) during the conduct of Jallikattu and in order to avoid discrimination in Jallikattu, the petitioner has given a representation on 22.10.2024. Since the said representation has not been considered so far, the petitioner is before this Court with this petition.
4. It is needless to point out that whenever a representation of this nature is made to Statutory Authorities, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.
5. In the light of the above observations, there shall be a direction to the respondents 1 and 2 herein to consider the petitioner's representation dated 22.10.2024, on its own merits and pass appropriate 3/5
orders in accordance with law, after giving due opportunity to the petitioner as well as all other persons, within a period of three weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.
6. With the above direction, the Writ Petition stands disposed of. No costs. Consequently connected Miscellaneous Petition is closed. [M.S.R.,J] [A.D.M.C.,J] 02.12.2024 NCC : Yes/No Index : Yes/No RR To Principal Secretary Revenue Department St. George Fort, Chennai.
2.Principal Secretary Animal Welfare, Poultry, Fisheries and Fishermen Welfare Department St. George Fort, Chennai.
3. The District Collector Madurai District Madurai.
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M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.28762 of 2024 Date : 02/12/2024 5/5