Palaniyappan.V v. The District Collector

O R D E R [Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] The petitioner, who is a resident of No.6.22/2, Semini Theru, Konapattu Post, Thirumayam Taluk, Pudukkottai District has filed this Writ Petition for issuance of a Writ of Mandamus, directing the 1st respondent to give permission and adequate Police Protection to conduct Manjuvirattu to be held on 06.03.2023 in Kallanankovil Manjuvirattu Thozhuvam at Konapattu Village, Thirumayam Taluk, Pudukkottai District, on the basis of his representation dated 03.02.2023.

¶2Learned counsel appearing for the petitioner would submit that in his village there is a temple viz., Sri Semanagar Vadivelavar Temple. In the said temple, the worshipping deity is Sri Semanagar Vadivelavar and the said deities are very powerful and have been worshipped by the villagers in and around the village. In every year, they are celebrating "Masimagam Festival" in the said temple. In the last year, when the villagers have celebrated the said temple festival by conducting the Manjuviratu, there was no law and order problem crated by any one of the Vizha Committee Member or any one of the village people. It was conducted smoothly. Similarly, when a representation dated 03.02.2023 was given to first respondent, requesting him to give permission along with police protection to conduct Manjuviratu as a part of the temple festival at Konapattu Post Village, specifying that the Manjuviratu will be held on

06.03.203, till date, the said representation was not considered by the respondents. Hence, the petitioner has filed this Writ Petition.

¶3Learned counsel for the petitioner would also further submit that the Government of Tamil Nadu has issued a G.O(D)No.97, dated

16.02.2023 granting permission to conduct Jallikattu in Aathangudi Village, Karaikudi Taluk, Sivagangai District. Similarly, in the last year in G.O(D)No.102, dated 05.03.2020, permission was granted to the very same Manjuvirattu by the Principal Secretary to Government. Therefore, the respondents should have grant permission to conduct the Manjuvirattu in the Konapattu Village to be held on 06.03.2023.

¶4Learned Government Pleader appearing for the respondent by producing the notifications issued by the Animal Husbandry, Dairying and Fisheries Department, dated 21.01.2017, submitted that the petitioner's village is come under the notified area and therefore, there is no difficulty to grant permission by the first respondent to conduct Manjuviratu on

06.03.2023. He would further submit that if necessary, police protection will be considered.

¶5Recording the aforesaid submissions, this Court directs the first respondent to pass appropriate orders with usual conditions, for granting permission to conduct Manjuviratu in Kallanankovil Manjuvirattu Thozhuvam at Konapattu Village, Thirumayam Taluk, Pudukkottai District, to be held on 06.03.2023, with adequate police protection, if necessary. No costs.

[T.R., A.C.J.] [D.K.K., J.]

03.03.2023 NCC : Yes / No Index : Yes / No Internet: Yes / No

vsm Note: Issue order copy today (03.03.2023) To

1.The District Collector, Office of the District Collector Office, Pudukkottai District.

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

3.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

4.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

5.The Inspector of Police, Thirumayam Police Station, Pudukkottai District. W.P.(MD)eNo.4686eofe2023 T.RAJA,oA.C.J. and D.KRISHNAKUMAR,oJ. vsm ORDERoMADEoIN W.P.(MD)oNo.4686oofo2023 DATEDo:03.03.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.03.2023 CORAM: THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR V.Palaniyappan ... Petitioner -vs- 1.The District Collector, Office of the District Collector Office, Pudukkottai District. 2.The Superintendent of Police, Pudukkottai, Pudukkottai District. 3.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District. 4.The Tahsildar, Thirumayam Taluk, Pudukkottai District. 5.The Inspector of Police, Thirumayam Police Station, Pudukkottai District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to give permission and adequate Police Protection to conduct Manjuvirattu (Virattu Manjuvirattu) to be held on 06.03.2023 in Kallanankovil Manjuvirattu Thozhuvam at Konapattu Village, Thirumayam Taluk, Pudukkottai District, on the basis of the petitioner's representation dated 03.02.2023. For Petitioner : Mr.G.Mathavan For R – 1 to R - 4 : Mr.P.Thilak Kumar Government Pleader for R1 to R4 For R 5 : Mr.S.Manikandan, Government Advocate (Crl. Side)