SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2021 Supreme(Mad) 170

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Sathyanarayanan, A.A. Nakkiran, JJ.
S. Ramajeyam – Petitioner
Versus
The District Collector, Ariyalur & Another – Respondents
WP. No. 6471 of 2021
Decided On : 12-03-2021

Advocates:
Advocate Appeared:
For the Petitioner:G. Vijayakumar, Advocate.
For the Respondent: R. Vijayakumar, Additional Government Pleader.

Point of law: Permission to conduct Manju Viratu Vizha - Assembly elections is also going to be conducted during April 2021, it may be extremely difficult on the part of the District as well as the police authorities to accord permission of the Assembly elections is also going to be conducted during April 2021, it may be extremely difficult on the part of the District as well as the police authorities to accord permission – Representation to be considered

Headnote:

Constitution of India, 1950 – Article 226 – Bandobust – Issuance of a writ of mandamus – Petitioner claims to be one of Trustees of temple – Counsel for the petitioner would submit that in connection with the temple festival to be held, a decision has been taken by the devotees of the temple as well as the residents of the village to conduct Jallikattu between 2.00 p.m., and 6.00 p.m. and in this regard, a representation has also been submitted to respondents 1 and 2 which was also received and acknowledged – Counsel for the petitioner would submit that in terms of G.O.[D] Animal Husbandry Dairying and Fisheries [AH3] Department village of the petitioner has also been classified in which, Jallikattu/Vadamadu is permitted – Counsel, therefore, prays for appropriate orders by considering and disposing of the representation by respondents 1 and 2.

Findings of Court: Court, taking into consideration, the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in his representation or in this writ petition, directs the Station House Office/Inspector of Police, Police Station, to consider and dispose of the petitioner’s representation in accordance with law and pass orders on or before 15.03.2021 and communicate the decision taken, to the petitioner.

Result: Writ Petition Disposed of

JUDGMENT :

M. Sathyanarayanan, J.

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to grant permission to the petitioner’s village to conduct Manju Viratu Vizha [Jallikattu] on 17.03.2021 between 2 PM to 6 PM during the annual festival of Arulmighu Shree Mariamman & Arulmighu Shree Muneeswarar Temple at Suthukulam Village, Kattakaram Post, Udayarpalayam Taluk, Ariyalur District by providing necessary protection.)

1. By consent, the writ petition is taken up for final disposal and is disposed of by this order.

2. Mr. R. VIjayakumar, learned Additional Government Pleader accepts notice on behalf of respondents 1 and 2.

3. The petitioner claims to be one of the Trustees of Arulmigu Vinayaga, Valli, Devasena and Subramaniya Swami, Sree Mariamman, Shree Muneeswaran temple at Suthukulam Village, Udayarpalayam Taluk, Ariyalur District.

4. The learned counsel for the petitioner would submit that in connection with the temple festival to be held on 16.03.2021and 17.03.2021 respectively, a decision has been taken by the devotees of the temple as well as the residents of the village to conduct Jallikattu on 17.03.2021 between 2.00 p.m., and 6.00 p.m. and in this regard, a representation has also been submitted on 24.02.2021 to respondents 1 and 2 which was also received and acknowledged.

5. The learned counsel for the petitioner would submit that in terms of G.O.[D] No.78, Animal Husbandry Dairying and Fisheries [AH3] Department dated 01.03.2019, the village of the petitioner has also been classified in which, Jallikattu/Vadamadu is permitted. The learned counsel, therefore, prays for appropriate orders by considering and disposing of the representation dated 24.02.2021 by respondents 1 and 2.

6. The learned Additional Government Pleader appearing for respondents 1 and 2 would submit, on instructions, that in the light of the spurt of COVID-19 cases coupled with the fact that the Assembly elections is also going to be conducted during April 2021, it may be extremely difficult on the part of the District as well as the police authorities to accord permission and provide bandobust and would further add that the representation submitted by the petitioner would be duly considered and disposed of by the jurisdictional Police official, viz., the Station House Office/Inspector of Police, Meensurutti Police Station, Ariyalur Police Station, in accordance with law.

7. This Court has considered the rival submissions and also perused the materials placed before it.

8. This Court, taking into consideration, the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in his representation or in this writ petition, directs the Station House Office/Inspector of Police, Meensurutti Police Station, Ariyalur Police Station to consider and dispose of the petitioner’s representation dated 24.02.2021 in accordance with law and pass orders on or before 15.03.2021 and communicate the decision taken, to the petitioner.

9. The writ petition stands disposed of accordingly. No costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top