1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Writ Petition(MD)No.5643 of 2011 A/m.Ayyanar Karuppanasamy Ariyanachiyamman Kovil represented by its Trustee, P.Bose, Semponnerunchi Village, Thiruchuli Taluk, Virudhunagar District. ..Petitioner Vs. 1.The Secretary to the Government, Animal Husbandry, Dairying and Fisheries Department, St.George Fort, Chennai. 2.The District Collector, Virudhunagar District, Virudhunagar. 3.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District. 4.The Superintendent of Police, Virudhunagar District, Virudhunagar. 5.The Tahsildar, Thiruchuli Taluk, Virudhunagar District. ..Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the records pertaining to the order made in Na.Ka.C1.29979/2010 dated 30.4.2011 passed by the 2nd respondent and quash the same and consequently direct the 1st and 2nd respondents to notify the name of the Village Semponnerunchi, Thiruchuli Taluk, Virudhunagar District in the District Official Gazette so as to enable the villagers of Semponnerunchi Village, Thiruchuli Taluk, Virudhunagar District to conduct Jallikattu and further direct the 2nd and 3rd respondents https://hcservices.ecourts.gov.in/hcservices/ 2 herein to accord permission for conducting Jallikattu event on 15.6.2011 based on the representation dated 16.4.2011. For Petitioner : Mr.D.Sadiq Raja For Respondents : Mr.R.Karthikeyan, Additional Govt.Pleader ORDER (Order of the Court was made by S.RAJESWARAN, J.) The petitioner has filed this writ petition for issuance of a writ of certiorarified mandamus to call for the records pertaining to the order made in Na.Ka.C1.29979/2010 dated 30.4.2011 passed by the 2nd respondent and quash the same and consequently direct the 1st and 2nd respondents to notify the name of the Village Semponnerunchi, Thiruchuli Taluk, Virudhunagar District in the District Official Gazette so as to enable the villagers of Semponnerunchi Village, Thiruchuli Taluk, Virudhunagar District to conduct Jallikattu and further direct the 2nd and 3rd respondents herein to accord permission for conducting Jallikattu event on 15.6.2011 based on the representation dated 16.4.2011. 2.According to the petitioner, they approached the Revenue Authorities to accord permission for conducting Jallikattu event on 15.06.2011. The petitioner is one of the trustees of Arulmighu Karuppanasamy Ariyanachiyamman Kovil. According to the petitioner, Jallikattu has been conducted for the past 30 years, and this year also they would like to conduct the same. A representation was made to the District Collector, Virudhunagar District for according permission to conduct Jallikattu, but the same was denied by him in and by the Proceedings dated 30.04.2011. Challenging the same, the present writ petition has been filed. 3.Notice was ordered by this Court and the respondents are represented by Mr.R.Karthikeyan, Additional Government Pleader. On instructions, the learned Addl.Govt.Pleader would submit that as per the Tamil Nadu Regulation of Jallikkattu Act, 2009 (Act 27 of 2009), Section 3(2)(iii) of the Act, the event should have been continuously conducted for the past five years and the place where it should be conducted should have been notified in the public gazette, as per Section 3(2)(iv). He adds that since these requirements have not been fulfilled by the petitioner, the District Collector has rightly rejected the representation of the petitioner for conducting Jallikattu. Therefore, according to him, the impugned order was passed for non-compliance of the provisions of the Act and it is in order and it does not require any interference by this Court. 4.Per contra, the learned counsel for the petitioner, while referring to some notices issued by them relating to celebration of Jallikattu, would submit that they have been conducting Jallikattu along with the temple festival every year. He has also shown an order passed by the Revenue Authority in the year 2009 wherein they were permitted to conduct the Jallikattu. Therefore, he submits that the https://hcservices.ecourts.gov.in/hcservices/ 3 rejection is bad in law as they have complied with the provisions of the new Act. 5.We are unable to accept the contentions put forth by the learned counsel for the petitioner for the reason that the Act has been introduced in the year 2009. The references shown by the petitioner are all before the enactment. Therefore, it is needless to add that as per the provisions of the new Act, it is the revenue authority who have to consider and pass suitable orders. 6.Therefore, it is for the petitioner to go before the authorities and satisfy them as to whether they comply with all the requirements and the provisions of the Act in order to enable them to conduct Jallikattu. 7.Hence, while upholding the impugned order passed by the District Collector, we dispose of the writ petition by directing the petitioner to make a representation along with all the details to the District Collector, Virudhunagar District/the second respondent herein, within a period of 15 days from the date of receipt of a copy of this order. On such representation being made, the District Collector / any officer authorised by him as per the Act, shall pass orders within a period of 15 days thereafter. An opportunity of hearing shall be given to the petitioner to put forth their case. 8.It is made clear that unless and until the petitioner satisfies the requirements of the provisions of the Act and becomes eligible, it may not be possible for them to conduct Jallikattu. 9.The writ petition is disposed of in the above terms. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To 1.The Secretary to the Government, Government of Tamil Nadu, Animal Husbandry, Dairying and Fisheries Department, St.George Fort, Chennai. 2.The District Collector, Virudhunagar District, Virudhunagar. 3.The Revenue Divisional Officer,Aruppukottai,Virudhunagar District. 4.The Superintendent of Police,Virudhunagar District, Virudhunagar. 5.The Tahsildar, Thiruchuli Taluk, Virudhunagar District. +1cc to Mr.D.Sadiq Raja, Advocate SR.No.18040 KM akm/14.06.11 /3p-7c/ W.P.(MD)No.5643 of 2011 13.06.2011 https://hcservices.ecourts.gov.in/hcservices/