S. Gokul v. Secretary to the Government, Animal Husbandry, Diary & Fisheries Department, Chennai
2023-03-28
V.LAKSHMINARAYANAN, V.M.VELUMANI
body2023
DigiLaw.ai
JUDGMENT (Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records of the 2nd Respondent pertaining to his proceedings in Na.Ka.No.COLREV/24526/2022/M1 dated 13.02.2023 and Quash the same and consequently direct the 2nd Respondent to grant permission to the petitioner to conduct the Jallikattu function in Salapalayam, Reddipetti Village, Alanganatham, Senthamangalam, Namakkal District.) V.M. Velumani, J. 1. The petitioner has come out with the present Writ Petition to quash the proceedings of the 2nd respondent dated 13.02.2023 in Na.Ka.No.COLREV/24526/2022/M1 and consequently direct the 2nd respondent to grant permission for him to conduct the Jallikattu function in Salapalayam, Reddipetti Village, Alanganatham, Senthamangalam, Namakkal District. 2. By consent of both the learned counsel appearing for the petitioner as well as Mr.E.Vijay Anand, learned Additional Government Pleader, who takes notice for the respondents, this Writ Petition is taken up for final disposal at the admission stage itself. 3. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and perused the entire materials on record. 4. The learned counsel appearing for the petitioner submitted that the petitioner is resident of Salapalayam, Reddipatti, Senthamangalam, Namakkal District. In order to conduct Jallikattu function in Namakkal District for the year 2023, the petitioner along with few others formed a committee and made arrangements for the said function. The learned counsel appearing for the petitioner referred to the affidavit, wherein various arrangements have been made for conducting Jallikattu function. The petitioner gave representation dated 21.12.2022 to the 2nd respondent, seeking permission to conduct Jallikattu function on 29.01.2023. The 2nd respondent referred the matter to the 3rd respondent for filing report. According to petitioner, the 3rd respondent in-turn referred the matter to the 4th respondent to conduct enquiry and submit the report. The 4th respondent submitted a report dated 06.01.2023 to the 3rd respondent, recommending to conduct Jallikattu function. Based on the report of the 4threspondent, the 3rd respondent also recommended the 2nd respondent for conducting Jallikattu. The learned counsel appearing for the petitioner further submitted that other departments namely, Police, Fire, PWD, Health and Animal Husbandry have not objected to the conduct of Jallikattu function by the petitioner. However, the 2nd respondent has not passed any orders on the representation. Hence, the petitioner filed W.P.No.4732 of 2023 before this Court.
The learned counsel appearing for the petitioner further submitted that other departments namely, Police, Fire, PWD, Health and Animal Husbandry have not objected to the conduct of Jallikattu function by the petitioner. However, the 2nd respondent has not passed any orders on the representation. Hence, the petitioner filed W.P.No.4732 of 2023 before this Court. The Division Bench of this Court, by the order dated 21.02.2023, directed the 2nd respondent to consider the representation of the petitioner dated 21.12.2022, taking into consideration the recommendation of the 4th respondent dated 06.01.2023 and pass orders. The 2nd respondent, by the impugned order dated 13.02.2023, rejected the request of the petitioner. Hence, the petitioner has come out with the present Writ Petition. 5. From the impugned order of the 2nd respondent dated 13.02.2023, it is seen that the 2nd respondent has passed the order on 13.02.2023 without hearing the petitioner and without considering the report of the 4threspondent dated 06.01.2023. The 2nd respondent has rejected the request of the petitioner on the ground that the 3rd respondent has given report stating that there is possibility of law and order problem while conducting Jallikattu function. The report of the 3rd respondent was not furnished to the Committee or to the petitioner and also no opportunity was given to the petitioner to submit his objection. 6. In view of the same, the impugned order of the 2nd respondent dated 13.02.2023 is set aside. The matter is remitted back to the 2nd respondent for fresh consideration. The 2ndrespondent is directed to consider the representation of the petitioner taking into consideration the report of the 4threspondent dated 06.01.2023 and the earlier order of this Court dated 21.02.2023 in W.P.No.4732 of 2023 and pass orders within a period of two weeks from the date of receipt of a copy of this order, after giving opportunity to the petitioner and others, if any. 7. With the above directions, the Writ Petition is disposed of. No costs.