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Madras High Court

Manikanda Prabhu @ Mudukkathan Mani vs The Chief Secretary To The Government Of ... on 9 January, 2024

Author: D.Krishnakumar

Bench: D.Krishnakumar, R.Vijayakumar

                                                                   W.P.(MD) No.443 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 09.01.2024

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                     and
                                   THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                              W.P.(MD) No.443 of 2024

                 Manikanda Prabhu @ Mudukkathan Mani                             ... Petitioner

                                                        -vs-

                 1.The Chief Secretary to the Government of Tamil Nadu,
                   Fort St. George,
                   Secretariat,
                   Chennai – 600 009.

                 2.The Joint Director of Animal Husbandry,
                   Office of the Joint Director of Animal Husbandry,
                   Gandhi Museum Road,
                   Madurai – 20.

                 3.The District Collector,
                   Office of the District Collector,
                   Madurai,
                   Tamil Nadu.

                 4.The Commissioner of Police,
                   Madurai City,
                   Madurai,
                   Tamil Nadu.

                 ____________
                 Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                          W.P.(MD) No.443 of 2024


                 5.The Superintendent of Police,
                   Madurai District,
                   Madurai,
                   Tamil Nadu.                                                          ... Respondents

                 PRAYER: Petition filed under Article 226 of the Constitution of India, praying to
                 issue a Writ of Mandamus, to direct the 3rd Respondent to consider the petitioner's
                 representation and initiate appropriate action and implement the same within a
                 time frame stipulated by this Hon'ble Court for the safe conduct of the ensuing
                 Jallikattu on 15th, 16th and 17th of January.


                                  For Petitioner     : Mr.Niranjan S.Kumar

                                  For Respondents    : Mr.P.Thilakkumar
                                                       Government Pleader for R1 to R3

                                                       Mr.R.Meenakshisundaram
                                                       Additional Public Prosecutor for R4 & R5

                                                          ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, to direct the 3rd Respondent to consider the petitioner's representation and initiate appropriate action and implement the same within a time frame for the safe conduct of the ensuing Jallikattu on 15th, 16th and 17th of January. ____________ Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.443 of 2024

2. By consent of both sides, the Writ Petition itself is taken up for final disposal at the time of admission itself.

3. According to the petitioner, he is the founder President of Tamil Nadu Jallikattu Training Centre. The petitioner has given the details of the prizes and medals he got in the ancient sport for the past several years and also the awards and accolades received from several dignitaries. According to the petitioner, at present the State Government has framed Prevention of Cruelty to Animals (Conduct of Jallikattu) Act, 2017, for the safe conduct Jallikattu and on 22.12.2023, the petitioner made a representation to the Government, making suggestions from out of his experience for the smooth conduct of Jallikattu and to ensure the safety of the participants and prevent any loss of life and if the same is followed there will not be any allegations against the official respondents and also to avoid any nepotism in favour of any person. However, the same has not been considered and hence, the petitioner has come forward with the present Writ Petition.

4. Learned Government Pleader appearing for the respondents 1 to 3 would submit that the petitioner has not produced acknowledgment as a proof for ____________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.443 of 2024 sending the representation dated 22.12.2023 to the Government, but, the petitioner has filed a Track Consignment in the typed set of papers stating that the same has been received on 19.12.2023.

5. A perusal of the aforesaid Track Consignment shows that the representation of the petitioner has been received on 19.12.2023 and that cannot show that the petitioner has sent the representation on 22.12.2023 and the Track Consignment also shows that it relates to some other delivery. Therefore, the document enclosed in the typed set of documents cannot be accepted as a proof for sending the representation. The petitioner has not come before this Court with clean hands and therefore, we are not inclined to entertain the Writ Petition as a Public Interest Litigation.

6. Accordingly, the Writ Petition stands dismissed. No costs.

                                                                [D.K.K., J.]      [R.V., J.]
                                                                        09.01.2024
                 Index : Yes / No
                 Internet : Yes / No
                 SJ

                 ____________
                 Page 4 of 6

https://www.mhc.tn.gov.in/judis W.P.(MD) No.443 of 2024 To

1.The Chief Secretary to the Government of Tamil Nadu, Fort St. George, Secretariat, Chennai – 600 009.

2.The Joint Director of Animal Husbandry, Office of the Joint Director of Animal Husbandry, Gandhi Museum Road, Madurai – 20.

3.The District Collector, Office of the District Collector, Madurai, Tamil Nadu.

4.The Commissioner of Police, Madurai City, Madurai, Tamil Nadu.

5.The Superintendent of Police, Madurai District, Madurai, Tamil Nadu.

____________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.443 of 2024 D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

SJ W.P.(MD) No.443 of 2024 09.01.2024 ____________ Page 6 of 6 https://www.mhc.tn.gov.in/judis