BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30/04/2008 CORAM THE HONOURABLE MR. JUSTICE M.CHOCKALINGAM and THE HONOURABLE MR. JUSTICE S.PALANIVELU W.P.(MD) No.3672 of 2008 and W.P.(MD)No.3682 of 2008 and M.P.(MD)Nos.1, 1 to 3 of 2008 W.P.3672/2008 M.Keelapatti Sri Kamba Kamatchi Karuppasamy Thirukovil Jallikattu Vizha tharmaparibalana Sabai (Trust), rep. by its Founder and Managing Trustee, T.Rasu @ Karuppa Thevar, S/o.Thavasi Thevar, M.Keelapatti Village, Nadumudaikulam, Usilampatti Taluk, Madurai District. .. Petitioner vs. 1. The District Collector, Madurai District, Madurai. 2. The Superintendent of Police, Madurai District, Madurai. 3.The Revenue Divisional Officer, Usilampatti Taluk, Madurai District. 4.The Tahsildar, Usilampatti Taluk, Madurai District. .. Respondents
This Writ petition has been filed under Article 226 of the Constitution of
India to issue a Writ of Certiorarified Mandamus to call for the records from
the 4th respondent in his proceedings in Na.Ka.No.874/2008/A3 dated 14.2.2008
and quash the same and consequently directing the respondents to permit the
petitioner to conduct Jallikattu in the celebration which is called “Sri Kamba
Kamatchi Karuppasamy Thiruvovil Jallikattu Vizh” and other tradiditonal
celebration to be held on 5.5.2008 at M.Keelapatti Village, Nadumudalaikulam,
Usilampatti Taluk, Madurai District.
!For petitioner ... Mr.N.Sathish Babu ^For respondents... Mr.Pala Ramasami, Special Government Pleader W.P.No.3682/2008 #A.Rajamani .. Petitioner vs. $1.The District Collector, Madurai District. Madurai. 2.The Superintendent of Police, Madurai Rural District. Madurai. .. Respondents
This Writ petition has been filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus directing the 1st respondent to permit
the petitioner’s village to conduct Sri Kamba Kamatchi Karuppasamy Temple
Festival of M.Keezhapatti Village, usilampatti Taluk, Madurai District and to
conduct the religious Manjuvirattu @ Jallikattu on 28.4.2008 and consequently
direct the 2nd respondent to give sufficient Police protection to the villagers
to conduct the festival in a peaceful manner based on the representation dated
16.4.2008 and also 17.4.2008 and following the order passed in W.P.NO.3394 of
2008.
!For petitioner ... Mr.K.Mahendran ^For respondents ... Mr.Pala Ramasami, Special Government Pleader :COMMON ORDER (Order of the Court was made by M.CHOCKALINGAM, J)
By consent, these Writ Petitions are taken up for final hearing.
2. This order shall govern the above Writ Petitions two in number seeking
for issuance of Writ either for Mandamus or Certioratified Mandamus directing
the respondents to accord permission to conduct “Jallikattu @ Majuvirattu” in
their village.
3. Affidavits in support of these petitions are perused and the Court
heard the learned counsel for the petitioners and for the respondents/State.
4. From the averments in the respective petitions, it would be quite clear
that both the Writ Petitions are coming under the category of Public Interest
Litigations and the petitioners actually represent the same village. They are
desirous of conducting “Manjuvirattu @ Jallikattu”. They constitute rival
groups. Their representations made to the District Collector has been rejected.
Hence, the above Writ Petitions by the petitioners.
5. Earlier this Court had an occasion to consider the similar requests in
W.P.(MD)Nos.3166 of 2008 (batch cases) and by the Common Order dated 25.4.2008,
this Court has allowed the Writ Petitions directing the respondents to accord
permission for conducting “Manjuvirattu @ Jallikattu” on or before 31.5.2008
strictly in accordance with the orders passed by the Hon’ble Supreme Court in
Application No.15/2008, dated 15.1.2008 in S.L.P NO.11686/2007 and following the
conditions and guidelines suggested therein. Equally, the said order is
applicable to the present case also.
6. The conditions imposed by the Supreme Court therein reads as follows:
“(i)In Para 29 of the impugned Judgment, the Division Bench of the High Court,
has directed certain precautions to be taken. Such precautions shall be
completely followed by the State Authorities.
(ii)The State has submitted the “guidelines for conduct of Jallikattu” as
Annexure 3 to the present application. The State shall ensure that the said
guidelines, a copy of which is annexed, are fully followed:
(iii)Any organization or group intending to conduct Jallikattu shall inform in
writing the Collector of the respective district of Deputy Collector of the Sub-
district at least three days prior to the event and secure his permission.
(iv)The district administration shall take all precautions to ensure that the
animals are not tortured or subjected to cruel treatment. They shall also take
necessary steps for the safety of the spectators and participants.
(v)The Collector or Deputy Collector, as the case may be, shall, on grant of
permission for any Jallikattu inform the branch of the Animal Welfare Board in
the District Collector shall also extend co-operation to the Doordarshan or
Animal Welfare Board to Videograph the event. Representatives at the Animal
Welfare Board shall be given sufficient protection and also give vintage
position to videograph the event.
(vi)After the event is held the concerned Collector should give a Report within
a period of two weeks to this Court. They shall follow the above guidelines
strictly.”
7. The guidelines suggested for the conduct of “Jallikattu” or
“Manjuvirattu” are stated as follows:
1.Double-barricading of the arena or the way through which the bulls pass
through in order to avoid injuries to the spectators and by-standers who can be
permitted to remain within the barricades:
2.Fixing up of gallery for the spectators to sit and watch the proceedings. The
gallery should be made with strong sticks to permit occupation;
3.The number of occupants in the Gallery should not exceed the limit prescribed
by Public Works Department to avoid collapsing of the gallery. A safety
certificate should be obtained from the local Public Works Department
authorities;
4.The persons who wish to bring their bulls should obtain prior permission and
the organizers shall see that the bulls are put to proper testing by Animal
Husbandry authorities to ensure that performance enhancement drugs are not
administered to the bulls in any form. The authorities should also ensure
issuance of certificate about the relative strength of the bulls from the Animal
Husbandry Department Officials. The Joint Director of Animal husbandry shall
requisition the services of the experts from the nearby dispensaries also. The
animals selected should also be put to Nicotine Test, Cocaine Test before a
certificate of suitability of the bulls to participate in the event is issued by
the authorities;
5.The participants in the event should also enroll their names in Advance to the
revenue authorities. They should also be put to thorough check up by the
Physicians available in the medical team and only after their certification
about the suitability of the individuals; they should be allowed to participate
in the event.
6.Full fledged medical facility should be made available near the Area so that
quick and immediate medical attention can be given to the injured participants.
A mobile hospital and an ambulance with necessary life saving drugs must be kept
ready to rush the injured to the major hospitals, if warranted. The potency of
the drugs must be ensured and got certified by Medical Officer of local
Government Hospital. Taking expired tablets and drugs must be strictly avoided.
Availability of ambulances nearer the arena must be ensured. If sufficient
ambulances are not available with the Government, Private ambulances must be
secured and kept ready to meet emergent contingencies during the event.
7.Potable drinking water supply as well as sanitation facilities should be
ensured by the local bodies (i.e. Village Panchayat and Block Panchayat in the
village where the event is scheduled.
8.An exclusive dress for the participants can also be thought of both for the
sake of identification and to provide a charm to the heroic game. At
Alanganallur, yelllow colour banians were supplied free of cost to the
participants which made identification of participants easy.
9.A Deputy Collector level Officer can be nominated to look after each item of
event management like checking up of bulls, checking up of participants,
checking up the barricading and gallery arrangements, medical facilities, water
supply and sanitary arrangements etc.,.
10.Police Department should work out a bandhobust scheme and an Executive
Magistrate is attached to the Special Police team.
11.A preliminary meeting can be held with the organizers and the participants at
least one day before the date of event and rules are thoroughly explained to
them. The rules can be framed in Tamil in a Pamphlet-format and distributed to
create better awareness.
12.Two co-ordination meetings of Officials can be held by the District Collector
along with Superintendent of Police first by Preliminary arrangements and the
second one by 5 days before the event.
8. The petitioners’ counsel would submit that the petitioners agree to
strictly adhere to the conditions imposed by the Supreme Court and also the
guidelines which formed part of the order.
9. The learned Special Government pleader would submit that any order
passed by this Court is subject to the outcome of the Special Leave Petition
pending before the Apex Court.
10. Since two rival groups would claim to conduct the “JalliKattu or
Manjuvirattu”, among the rival groups, who should conduct the said event viz.,
“Jallikattu or Manjuvirattu” has got to be decided.
11. At this juncture, it is a fit and proper case where the District
Collector, Madurai District could be directed to consider the representations
made by both the parties and decide the matter on merits as to who should be
given permission to conduct the said event and accordingly, directions issued.
Therefore, both the parties are directed to appear before the District
Collector, Madurai District. The District Collector, Madurai District, in turn,
shall consider the representations made by the rival groups on merits and the
matter shall be decided in accordance with law and shall accord permission to
conduct the “Jallikattu or Manjuvirattu” on or before 31.5.2008 following the
order passed by the Hon’ble Supreme Court in Application No.15/2008, dated
15.1.2008 in S.L.P NO.11686/2007 and strictly adhering to the conditions and
guidelines given therein. This order is subject to the order of the Supreme
Court in the said S.L.P.,.
12. In the result, the Writ Petitions are disposed of with the above
directions. There will be no order as to costs. Connected Miscellaneous
Petitions are closed.
asvm
To
1. The District Collector,
Madurai District,
Madurai.
2. The Superintendent of Police,
Madurai District,
Madurai.
3.The Revenue Divisional Officer,
Usilampatti Taluk,
Madurai District.
4.The Tahsildar,
Usilampatti Taluk,
Madurai District.