1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2011 CORAM: THE HONOURABLE Ms.JUSTICE K.SUGUNA and THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.3821 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 S.P.Sathaiah Ambalam : Petitioner Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Devakottai, Sivagangai District. 3.The Deputy Superintendent of Police, Devakottai, Sivagangai District. 4.The Secretary, Animal Welfare Board, 13/1, 3rd Seaward Road, Thiruvanmiyur, Chennai. : Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of certiorarified mandamus calling for the records pursuant to the impugned proceedings in Na.Ka.No.D1/14298/2010, dated 18.09.2010, issued by the 1st respondent, quashing the same as illegal and void and consequently directing the 1st respondent to notify Vadamadu Manchu Virattu in Gazette Notification. For Petitioner : Mr.G.R.Swaminathan, for Mr.R.Senthilkumar. For Respondents 1 to 3 : Mr.R.Janakiramulu, Spl.Govt.Pleader. For Respondent-4 : Mr.S.Suresh for Mr.Jayesh B.Dolia O R D E R (Order of the Court was made by K.SUGUNA,J) This writ petition is filed challenging the order of the District Collector, Sivagangai District, dated 18.09.2010, whereby the request of the petitioner to grant permission to conduct Manjuvirattu in Perattukottai Village, Devakottai Taluk, has been rejected. 2.According to the learned counsel appearing for the petitioner, as far as conduct of Manjuvirattu event is concerned, it is dealt with under Section 3 of the Tamil Nadu Regulation of Jallikattu Act, 2009 and to give permission to conduct such an event, certain conditions namely (i) the event should be conducted during the months from January to May of a year; (ii) the place selected must be suitable for orderly https://hcservices.ecourts.gov.in/hcservices/ 2 conduct of the event; (iii) the event should have been conducted during the past five years continuously; and (iv)the event should be held at a place notified by the Collector, have to be complied with. According to the learned counsel, as far as Perattukottai village is concerned, for the past five years Manjuvirattu event is conducted continuously however, without even considering the documents submitted by the petitioner in this regard, by the impugned order, on the ground that the name of the said village is not included in the District Gazette, the District Collector has rejected the request of the villagers and mechanically, without proper application of mind, the impugned order has been passed. 3.On the other hand, it is the submission of the learned Special Government Pleader appearing for respondents 1 to 3 that as per the Tamil Nadu Regulation of Jallikattu Act, 2009, unless the name of the concerned village is included in the District Gazette published with regard to Manjuvirattu/Jallikattu, permission cannot be granted to conduct such an event in the said village. According to the learned Special Government Pleader, as per the typed-set of papers enclosed also only for the year 2009 permission has been granted to the petitioner village to conduct the event and for the earlier years, no documents have been produced evidencing conduct of Manjuvirattu/Jallikattu event and when there is a specific provision under the Act and specific conditions are imposed, unless those conditions have been complied with, permission cannot be granted. According to the learned Special Government Pleader, since no documents were produced with regard to the conduct of Manjuvirattu event for the past five years continuously in the petitioner's village, permission was not granted and consequently he prays for dismissal of the writ petition. 4.We have considered the submissions of the respective counsel and perused the documents enclosed in the typed-set. 5.In the typed-set, copies of certain notices have been enclosed. As per the said notices, in the years 2001, 2002, 2003, 2004, 2005, 2007 and 2009 the event of Manjuvirattu has taken place in the petitioner's village. However, whether, in pursuance of such notices, such event was actually held in the place during those years cannot be ascertained under Article 226 of the Constitution of India. Further, we are not in a position to ascertain whether these notices were produced by the petitioner before the District collector or not and if those documents were produced, it is not known whether any enquiry was held to ascertain any such event was held in those years or not. In such circumstances, we are of the opinion that the matter has to be remitted back to the District Collector for re-examination. 6.Accordingly, the impugned order is set aside and the matter is remitted back to the 1st respondent, the District Collector, Sivagangai District, who shall re-examine the issue and pass orders, in accordance with law. The petitioner is at liberty to produce relevant documents before the District Collector within a period of ten days, after the receipt of a copy of this order. On receipt of such documents, the District Collector shall make an enquiry of the same and pass orders, within a period of four weeks thereafter. If the petitioner is able to establish that the event is being conducted in their village continuously for the past five years, the District Collector shall consider this https://hcservices.ecourts.gov.in/hcservices/ 3 particular village for inclusion in the District Gazette Notification, subject to the satisfaction of other conditions. 7.With the above observation and direction, the writ petition is disposed of. No costs. Connected M.P.(MD)Nos.1 and 2 of 2011 are closed. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR gb To: 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Devakottai, Sivagangai District. 3.The Deputy Superintendent of Police, Devakottai, Sivagangai District. 4.The Secretary, Animal Welfare Board, 13/1, 3rd Seaward Road, Thiruvanmiyur, Chennai. 1CC TO THE SPL GOVT PLEADER SR: 14602: DM:2011::APRIL:25::: ORDER IN WP(MD)No.3821/2011 and MP(MD)Nos.1 & 2/2011 Dated:20.04.2011 3P:6C:: https://hcservices.ecourts.gov.in/hcservices/