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2013 DIGILAW 1870 (MAD)

P. Sivanandham v. Collector Salem District

2013-05-17

M.VENUGOPAL

body2013
Judgment :- 1. Mr. R. Rajeswaran, Learned Special Government Pleader takes notice for the Respondents. 2. The Petitioner has filed the present Writ Petition seeking for issuance of an order by calling for the records in Na.Ka. No. 9651/2013/C2 dated 05.5.2013 passed by the First Respondent and quash the same. Further, the Petitioner has sought for issuance of an order in directing the Respondents to grant permission to conduct the 'bull playing' in Arulmighu Vennankodi Muniyappan Temple, Puthur Agraharam Village, Salem on 23.5.2013 in pursuant to the his representation dated 08.5.2013. 3. It comes to be known that the Petitioner has made a representation on 18.3.2013 to the Respondents seeking permission to conduct the Festival on 23.5.2013. The Fourth Respondent received the said representation and forwarded the same to the Respondents 1, 5 and 7 through urgent note in Na.Ka. 1506/2013/A2 dated 26.3.2013 for conducting enquiry and for filing report. On 05.5.2013, the First Respondent has passed the impugned order rejecting the representation of the Petitioner. Hence, the Petitioner has projected the present Writ Petition. 4. While perusing the order of rejection dated 05.5.2013 passed by the Collector, it is evident that in Serial No. 1, it is mentioned that S.L.P. No. 10281 of 2009 arising out of this Court's order in W.P. No. 11478 of 2006, has been pending and no decision has been taken. 5. Earlier, the petitioner filed W.P. No. 9591 of 2013 praying for passing of an order by this Court in directing all the respondents to grant permission, safety measures as stipulated by authorities concerned in pursuant to the Court guidelines on considering his representation dated 18.3.2013 to celebrate the Arulmighu Vennankodi Muniyappan Temple Festival at Puthur Agraharam Village, Salem District on 23.5.2013. 6. A Division Bench of this Court, on 16.4.2013 in the aforesaid Writ Petition, passed orders directing the first respondent / competent authority to consider the representation of the petitioner dated 18.3.2013 and pass orders in accordance with law on or before 29.4.2013. 7. At this stage, Learned Special Government Pleader appearing for the Respondents brings it to the notice of this Court that under the District Gazette No. 27 of Salem dated 19.12.2009, the Jallikattu Function / Festival is permitted to be conducted only in Athur Circle, Koolamedu Village and in this regard, a Notification has been published in Salem District Gazette. 7. At this stage, Learned Special Government Pleader appearing for the Respondents brings it to the notice of this Court that under the District Gazette No. 27 of Salem dated 19.12.2009, the Jallikattu Function / Festival is permitted to be conducted only in Athur Circle, Koolamedu Village and in this regard, a Notification has been published in Salem District Gazette. In Salem, except the above village, either the Jallikattu or other connected activities are not to be permitted and in this regard, no permission has also been accorded. 8. At this juncture, this Court aptly recalls the order of the Hon'ble Supreme Court dated 10.01.2013 in Special Leave to Appeal (Civil) No. 11686 of 2007 between Animal Welfare Board of India vs. A.Nagaraja and others wherein the Hon'ble Supreme Court has pointed out that on 25.11.2010, it has given the following further directions to ensure safety and security to the spectators and to prevent cruelty to the animals which participate in the events. "(i) The Collectors of the districts in Tamilnadu shall ensure that the animals performing in the Jallikatu and related events are registered in accordance with Chapter V of the 1960 Act, and the rules thereunder and the requirements of the said Act are fulfilled. (ii) The Collectors shall ensure that the conditions imposed in regard to the exhibition and participation of the animals shall be implemented and followed by the persons organising the events and the owners of the registered animals. (iii) In view of the fact that the respective Collectors will have the information about the Jallikatu and other events at least one month prior to the actual events, the Collectors shall notify the Chennai Chapter of Animal Welfare Board of India, (under acknowledgement), about the events to enable the Animal Welfare Board to depute its representatives / animal inspectors / volunteers to be observers for the events. Over and above, an amount of Rupees Two Lakhs for minor events and Rupees Five Lakhs for major events have to be deposited by the organisers with the concerned District Collectors. District Collectors will scrupulously follow the directions given by this Court on 15.1.2008, 25.11.2010 and 7.3.2011 and any violation of these orders will be seriously dealt with." Further, the Hon'ble Supreme Court has also allowed the T.P. (C) No. 1696 of 2012, T.P. (C) No. 1618 of 2012, etc. District Collectors will scrupulously follow the directions given by this Court on 15.1.2008, 25.11.2010 and 7.3.2011 and any violation of these orders will be seriously dealt with." Further, the Hon'ble Supreme Court has also allowed the T.P. (C) No. 1696 of 2012, T.P. (C) No. 1618 of 2012, etc. and directed the transferred matters to be tagged and heard with S.L.P. (C) No. 11686 of 2007. 9. The Learned Counsel for the Petitioner brings it to the notice of this Court that the Petitioner is ready and willing to abide by the directions of the Hon'ble Supreme Court in the above S.L.P. (Civil) No. 11686 of 2007 and also that the Petitioner, as an organiser, is ready and willing to deposit an amount of Rs. 2 lakhs for the minor event with the District Collector concerned. As such, the impugned order passed by the First Respondent is hereby set aside by this Court and the First Respondent is directed to grant permission to the Petitioner in regard to the conduct of 'Bull playing' in Arulmighu Vennankodi Muniyappan Temple, Puthur Agraharam Village, Salem on 23.5.2013 by considering his representation dated 08.5.2013 afresh in the light of the observations made by the Hon'ble Supreme Court in the S.L.P. (Civil) No. 11686 of 2007 and pass appropriate orders within a period of three days from the date of receipt of a copy of this order so as to enable the Petitioner to conduct the 'Bull playing' Festival. The Writ Petition is disposed of accordingly. No costs.