P.Rajasekaran Vs. 1.The District Collector, - Court Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2014 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI WRIT PETITION (Md.No.2149 of 2014 and M.P.(MD)No.1 of 2014 P.Rajasekaran ..Petitioner vs 1.The District Collector, Madurai District, Madurai.

2.The Superintendent of Police, Madurai District, Madurai.

3.The Animal Welfare Board of India, 13/1, Deewar Main Road, Valmigi Nagar, Thiruvanmiyur, Chennai-41..Respondents Writ petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 1st respondent to grant permission and necessary protection for conducting Jallikattu at Sakkudi Village, Madurai North Taluk, Madurai, District, on the eve of Arulmigu Muppili Swamy Temple Maha Sivarathi Festival on 08.03.2014, based on the representation made by the petitioner, dated 17.01.2014.

!For Petitioner ..Mr.K.Mahendran ^For Respondents ..Mr.B.Pugalendhi, 1 & 2 Spl.Govt.Pleader.

:ORDER

(Order of the Court was made by R.SUDHAKAR,J.The petitioner has come forward with this writ petition seeking to issue a writ of mandamus, directing the 1st respondent to grant permission and necessary protection for conducting Jallikattu at Sakkudi Village, Madurai North Taluk, Madurai, District, on the eve of Arulmigu Muppili Swamy Temple Maha Sivarathi Festival, on 08.03.2014, based on the representation made by the petitioner, dated 17.01.2014.

2.Heard the learned counsel for the petitioner and the learned Special Government, who has taken notice on behalf of respondents 1 and 2.

By consent, the main writ petition is taken-up for final disposal at the admission stage itself.

3.According to the petitioner, it is the usual practice of conducting ".jallikattu".

event, every year, during ".Maha Sivarathi".

festival in their village and in order to conduct 'jallikattu' event during this year also, he made a representation on 17.01.2014, to the 1st respondent seeking permission to conduct 'jallikattu' event on 08.03.2014.

It is the grievance of the petitioner that so far there is no response from the 1st respondent and hence he is constrained to approach this Court with the present writ petition.

4.The learned counsel for the petitioner submitted that the petitioner undertakes to follow the guidelines issued by the Hon'ble Supreme Court as well as this Court, in this regard.

He placed reliance on the orders passed by this Court in similar writ petition in W.P.(Md.Nos.346, 343 and 405 of 2012 and 15167 of 2011, dated 12.01.2012.

5.The learned Special Government Pleader appearing for the respondents submitted that they would follow the directions issued by the Hon'ble Apex Court, as well as this Court, in their earlier ordeRs.relating to the conducting of 'Jallikattu', scrupulously, while permitting the petitioner to conduct the ".Jallikattu".

event on the date and place specified in the writ petition.

6.Learned counsel appearing for the petitioner further submitted that all the rules and regulations applicable to the conducting of the 'Jallikattu' event and the directions issued by the Hon'ble Apex Court as well as this Court would be followed by the organisers of the ".Jallikattu".

event and that there would be no default or deviation in following such directions.

The order, dated 12.01.2012, made in W.P.(Md.Nos.346, 343 and 405 of 2012 and 15167 of 2011 had been placed before this Court.

Paragraph No.22 of the said order reads as follows: ".22.While we do share the anxiety expressed by the activists, who have come before this Court, be it to the four-legged animals or the homo sapiens, safety and security of the spectators and the participants in the event has ever remained a matter of great concern for this Court in several of the orders passed earlier too by this Court, in very many petitions filed before this Court and the Apex Court, as is evident from all the interim orders passed by the Apex Court in the appeal pending before it.

Learned Additional Advocate General repeatedly assured this Court that every endeavour is made to secure this as a matter of paramount importance, which alone can enhance the enjoyment of watching this event conducted in connection with the pongal festival celebrations.

At the stage of interim application, balancing the interest of the parties and the sentiments attached to this event in this part of the country and the state in particular, in the background of the various orders passed by the Apex Court, we hold that Jallilkattu event for this season be permitted to be organised and conducted as in the earlier years till such time the main writ petitions are taken up for hearing.

Given the fact that except for the notification there are no changed circumstances prevailing today and the decision of the Division Bench permitting the event is on appeal before the Apex Court, the decision which prevailed during the year 2010-2011, merits to be granted for this year too.

Since at this stage what is required is nothing but balancing of the interests of the parties, apart from a prima facie case made out, we feel, the proper couRs.herein would be to permit the Jallikattu event to go on as in the earlier yeaRs.but subject to the compliance of the stipulations stated in the orders of the Apex Court referred to earlier.

Apart from this, the measures that are given in the affidavit filed before this Court also merits to be followed, which read as under: ".(1) Provision has been made for bull-yard by way of an enclosure by placing of double barricades to a height of not less than 8 feet at the end point of the bull taming area where the bulls are collected and detained till the completion of the event.

These bull collection yards are normally of an area of about + an acre; (2) The State would provide for extra persons in the bull collection yard to ensure that the bulls which enter the collection point are not allowed to come out from the area.

In fact the bulls when they leave the area and enter the bull collection yard are secured by the trained volunteeRs.who are very familiar with the bull and would be able to control the bull; (3) Provisions will be made for ensuring that the movements of these bulls are arrested promptly by tying to a stable structure like trees, cement posts etc.In fact, in many collection yards, standing trees are available.

Further provision is being made for giving feed and fodder to the bulls so that they settle down calmly; (4) Provision will be made for posting of additional police men near and about the bull collection yard to ensure that there is no spillage of the spectators into the collection yard even inadvertently; (5) There is provision for enclosing the bull collection yard with a gate at the point, where the bulls leave at the end point of taming area to prevent the bulls from re-entering the arena and the state will provide additional reinforcement at these gates by posting additional sentry at the exit points; (6) Provision has been made for coconut fibre/saw dust to be strewn on the surface in the event being conducted at Avaniyapuram.

(7) Provision will be made for deployment of further additional medical facilities like extra ambulance vehicle, serving doctors etc.In fact the adequate medical facilities is already being provided consistent with the scale of the event as for example in Alanganallur which is the largest event, provision has been made for about 25 ambulances; (8) there is provision for enclosing the bull collection yard with a gate at the point where the bulls leave at the end point of the taming area to prevent the bulls from re-entering the arena and the state will provide additional reinforcement of these gates by posting additional sentry at the exit points.

An endeavour will be made to provide extra collection yard, depending on the necessity/availability of space.

(9) With regard to the safety of the spectatORS.provisions will be made for having them to watch the event in a separate gallery earmarked and under no circumstances will they be allowed to spill into the taming area; (10) Provision has been made in the events to be conducted in Madurai for ensuring that the participants in the event, namely, bull tamers are identified in advance and they are properly trained.

In fact, identity cards are being provided to the participants.

Further, strict vigil is being made to ensure that the bull tamers participating in the event are not in inebriated state.

Equally measures have been taken to ensure that the bulls participating in the event are not subjected to harassment/harm nor are they administered with any intoxicant and/or any other drugs or substances for making them move aggressive.".

7.In view of the submissions made by the learned counsel for the petitioner as well as the learned Special Government Pleader, the authorities are directed to grant permission to the to conduct 'Jallikattu' event, in their village, on 08.03.2014.

The petitioner as well as the respondents are directed to follow the directions issued by this Court as noted above, scrupulously, in letter and spirit, without any deviation or default.

8.The writ petition is ordered accordingly.

No costs.

Connected M.P.(MD)No.1 of 2014 is closed.

gb To 1.The District Collector, Madurai District, Madurai.

2.The Superintendent of Police, Madurai District, Madurai.

3.The Animal Welfare Board of India, 13/1, Deewar Main Road, Valmigi Nagar, Thiruvanmiyur, Chennai-41.