S. T. Kalyanasundaram v. District Collector, Madurai District, Madurai
2024-01-12
D.KRISHNAKUMAR, R.VIJAYAKUMAR
body2024
DigiLaw.ai
JUDGMENT (Prayer: Petitions filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to constitute Jallikattu Organizing Committee comprising the representatives of all communities at Avaniapuram, for the Jallikattu to be conducted on 15.01.2024, at Avaniyapuram.) Common Order D. Krishnakumar, J. 1. Prayer in these pro bono publico is to direct the respondents to constitute a Jallikattu Organizing Committee comprising the representatives of all the communities, for the Jallikattu scheduled to be conducted on 15.01.2024, at Avaniyapuram. 2. According to the petitioners, they seek adequate representation of SC/ST community people, who are based in Avaniyapuram and nearby localities, in the Organizing Committee constituted for conducting Jallikattu scheduled to be held on 15.01.2024 at Avaniyapuram. Non representation of SC/ST community people in the Organizing Committee amounts to violative of Articles 14, 17 and 21 of the Constitution of India. The petitioners belong to SC/ST Community and are residing in Avaniyapuram. Apart from SC/ST community people, other community people are also residing in that locality. Even though the famous Jallikattu is being celebrated as a Tamil cultural festival, there is no proper Organizing Committee consisting of all the community people to conduct Jallikattu. 3. Further according to the petitioners, on the earlier occasions, some unauthorized groups collected funds claiming themselves to be the Organizing Committee. Therefore, a writ petition in W.P.(MD) No.526 of 2020 was filed before this Court and this Court directed the authority concerned to constitute Advisory Committee and Organizing Committee and the Organizing Committee should consist of the representatives of all sects of community people. Despite the same, though the other community people were represented, no opportunity was granted to the petitioners to represent their community either in the Advisory Committee or in the Organizing Committee. 4. Further, according to the petitioners, one A.K.Kannan, who does not belong to the said Village, is creating trouble in constituting Organizing Committee, which results in filing various writ petitions before this Court. 5. Learned Additional Advocate General appearing for the respondents 1 & 3, on instructions, submitted that on 09.01.2024, when the matter came up for hearing, learned counsel for the petitioners requested to permit the petitioners to appear before the Revenue Divisional Officer, Melur, on 10.01.2024 at 04.30 p.m., in the Collector's Office Campus, Madurai, for peace committee meeting.
5. Learned Additional Advocate General appearing for the respondents 1 & 3, on instructions, submitted that on 09.01.2024, when the matter came up for hearing, learned counsel for the petitioners requested to permit the petitioners to appear before the Revenue Divisional Officer, Melur, on 10.01.2024 at 04.30 p.m., in the Collector's Office Campus, Madurai, for peace committee meeting. This Court considered the said request and permitted the petitioners to appear before the Revenue Divisional Officer, Melur, on that date. 6. The Revenue Divisional Officer has filed a report, dated 10.01.2024, stating that in the peace committee meeting conducted pursuant to the directions issued by this Court, since there was difference of opinion among the different community people, no consensus was arrived at and it was submitted that there is a chance for law and order problem, there is no possibility for constituting Advisory Committee. 7. Further, the District Collector, Madurai, by proceedings dated 08.01.2024, has constituted Organizing Committee for the Avaniyapuram Jallikattu scheduled to be held on 15.01.2024. 8. We have heard the rival submissions and carefully perused the materials available on record. 9. On the earlier occasion, W.P.(MD) Nos.526 of 2020 etc., batch was filed before this Court seeking to reconstitute the Committee at the village level comprising the representatives of all the communities at Avaniapuram and to permit the village people of Avaniapuram through its village committee to conduct the Jallikattu. This Court, by a common order dated 13.01.2020, for the smooth conduct of the Jallikattu festival on 15.01.2020, formed Organizing Committee and the Advisory Committee. It is seen that in the Organizing Committee, Mr.C.Manickam, Retired Principal District Judge, was the Chairman and the District Collector, Commissioner of Police and the Commissioner of Madurai Corporation were the Members of the Organizing Committee. In the Advisory Committee, among others, the petitioners herein Kalyanasundaram and Muniyasamy were the members. 10. Subsequently, during 2023, again the representatives of SC/ST community people were not included in the Committee, the said Kalyanasundaram and Muniyasamy filed W.P.(MD) Nos.959 and 960 of 2023. This Court, by a common order dated 12.01.2023, directed the District Adi Dravidar Welfare Officer to be included as one of the members in the Orgaznizing Committee so as to represent the community people.
This Court, by a common order dated 12.01.2023, directed the District Adi Dravidar Welfare Officer to be included as one of the members in the Orgaznizing Committee so as to represent the community people. Further, this Court directed the Revenue Divisional Officer, Melur, to conduct a meeting on 13.01.2023 and take appropriate decision for constituting Advisory Committee, if any consensus arrived, preferably on the same day by giving opportunity to all the representatives of the community people. It is also submitted that following the said directions, the Jallikattu event was conducted in the year 2023 in a smooth manner. 11. Learned Additional Advocate General appearing for the respondents 1 & 3 submitted that since there is no consensus arrived at between the different community people, it is not possible to select the members of various community people. Therefore, the same directions as directed on the earlier occasions may be issued for this year also. 12. Finding force in the above submission of the learned Additional Advocate General, we are of the view that the directions issued by this Court in the order dated 13.01.2020 in W.P.(MD) No.526 of 2020 etc. batch and the directions issued by this Court in the order dated 12.01.2023 in W.P.(MD) No.959 and 960 of 2023, will stand good for the smooth conduct of Jallikattu for this year also. 13. It is seen that the District Collector, Madurai, by proceedings dated 08.01.2024, has constituted Organizing Committee consisting of the members as directed by this Court for the Avaniyapuram Jallikattu scheduled to be held on 15.01.2024. 14. Therefore, we issue following directions in the present writ petitions: (i) We hereby confirm the Organizing Committee constituted by the District Collector, Madurai, by his proceedings dated 08.01.2024. (ii) The District Collector, Madurai, is directed to constitute Advisory Committee as directed by this Court in the order dated 13.01.2020 in W.P.(MD) No. 526 of 2020 etc. batch, at the earliest, since the event is scheduled to be conducted on 15.01.2024. (iii) The authorities are directed to include Mr.S.T.Kalyanasundaram and Mr.Muniyasamy as part of the Advisory Committee for this year also. (iv) We make it clear that none of the members of the Advisory Committee shall be entitled to collect any donation or seek sponsorship from the general public.
(iii) The authorities are directed to include Mr.S.T.Kalyanasundaram and Mr.Muniyasamy as part of the Advisory Committee for this year also. (iv) We make it clear that none of the members of the Advisory Committee shall be entitled to collect any donation or seek sponsorship from the general public. (v) If any complaint is raised as against any of the members of the Advisory Board for any irregularities in violation of the guidelines or the rules, the Organizing Committee shall take stern action against the member concerned in accordance with law. (vi) The above arrangement shall continue till a consensus is reached between the parties or till the disposal of the civil suit pending between the parties in O.S.No. 483 of 2021, on the file of the I Additional District Court, Madurai, seeking to declare the plaintiff – Sangam alone is entitled to conduct Jallikattu event in Avaniapuram as earlier and to grant permanent injunction by restraining the defendants and their men etc., from interfering or disturbing with the right of plaintiff – Sangam for conducting Jallikattu event in Avaniapuram on 14.01.2022 and the first day of the tamil month of Thai every year. 15. At this juncture, learned counsel appearing for the petitioners informed this Court that the petitioners, namely, S.T.Kalayanasundaram and Muniyasamy have not been impleaded as parties in the aforesaid suit. 16. Mr.R.Pon Karthikeyan, learned counsel appearing for the Sangam has informed before this Court that they will take steps to implead the aforesaid Kalayanasundaram and Muniyasamy as parties in the aforesaid suit. 17. Mr.Veera Kathiravan, learned Additional Advocate General, brought to the notice of this Court that one Anbarasan made a wordy quarrel with Mr.Jeyakanthan, Zonal Deputy Tahsildhar, Madurai South, Madurai, resulting that Mr.Jeyakanthan, Zonal Deputy Tahsildhar had preferred a complaint before the High Court Police Station and therefore, the concerned Police has to conduct a detail enquiry in the aforesaid complaint preferred by the Zonal Deputy Tahsildhar, Madurai South, Madurai. 18. We make it clear that if any member of the committee has violated any of the conditions, it is for the authorities concerned, to prefer the complaint as against the concerned persons. 19. With the above directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petition is closed.