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Balamurugan vs The District Collector
2023 Latest Caselaw 6994 Mad

Citation : 2023 Latest Caselaw 6994 Mad
Judgement Date : 23 June, 2023

Madras High Court
Balamurugan vs The District Collector on 23 June, 2023
                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 23.06.2023

                                                     CORAM

                              THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                           W.P.(MD)No.15000 of 2023

                     Balamurugan                                      ... Petitioner

                                                        vs.
                     1.The District Collector,
                     Virudhunagar District, Virudhunagar.

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

                     3.The Assistant Superintendent of Police,
                     Aruppukottai, Virudhunagar District.

                     4.The Inspector of Police,
                     Aviyur Police Station, Kariyapatti Taluk,
                     Virudhunagar District.

                     5.The Assistant Director,
                     Animal Husbandry Department,
                     Virudhunagar District.                           ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of Writ of Certiorarified Mandamus, to call for the
                     records relating to the impugned order passed by the fifth respondent in
                     Na.Ka.No.15/U/2023, dated 13.06.2023 and to quash the same and


                     1/5

https://www.mhc.tn.gov.in/judis
                     consequently, to direct the respondents 1 to 5 to grant permission and
                     adequate police protection for conducting the Kidaai Muttu (Goat Fight)
                     sports event on 25.06.2023 from 08.30 am onwards or any other
                     subsequent date at Aviyur Village, Kariyapatti Taluk, Virudhunagar
                     District.

                                        For Petitioner  :Mr.P.Suresh Kumar
                                        For Respondents :Mr.J.Ashok
                                                        Additional Government Pleader
                                                          *****


                                                          ORDER

This Writ Petition has been filed in the nature of a Certiorarified

Mandamus questioning the order passed by the fifth respondent/the

Assistant Director, Animal Husbandry Department in Virudhunagar

District, dated 13.06.2023. The said order was passed, since the first

respondent had not granted permission for conducting Kidai Muttu (Goat

Fight) sheduled on 25.06.2023 (Sunday).

2.Heard Mr.P.Suresh Kumar, learned Counsel for the petitioner and

Mr.J.Ashok, learned Additional Government Pleader for the respondents.

3.The learned Counsel for the petitioner placed reliance on the

https://www.mhc.tn.gov.in/judis judgment of the Division Bench of this Court in W.P.(MD)No.11751 of

2023, dated 11.05.2023. [M.Ganesan vs. District Collector and others],

wherein, various conditions have been imposed, by which permission can

be granted.

4.The learned Counsel for the petitioner also placed reliance on the

order of a learned Single Judge of this Court in W.P.(MD)No.2130 of

2023, dated 08.02.2023 [M.Basheer Ahmed vs District Collector,

Virudhunagar and others]. There also several conditions have been

given.

5.A direction is given to the first respondent to examine the

aforementioned orders and pass necessary orders and forward the same to

the fifth respondent. Since the fifth respondent will now have to re-

consider his own order, on the basis of the order of the District Collector,

the order impugned is set aside and a fresh order may be passed by the

fifth respondent on the basis of the order of the first respondent. Though

the festival was scheduled to be held on 25.06.2023, it is now been stated

by the learned Counsel for the petitioner that it would be held on

https://www.mhc.tn.gov.in/judis 02.07.2023. The entire process by the first and fifth respondent should be

completed within that particular date.

6.The Writ Petition stands disposed of. No costs.

                     Index              :Yes / No                            23.06.2023
                     Internet           :Yes
                     NCC                : Yes/No

Note: Issue order copy by 26.06.2023.

cmr

To

1.The District Collector, Virudhunagar District, Virudhunagar.

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

3.The Assistant Superintendent of Police, Aruppukottai, Virudhunagar District.

4.The Inspector of Police, Aviyur Police Station, Kariyapatti Taluk, Virudhunagar District.

5.The Assistant Director, Animal Husbandry Department, Virudhunagar District.

https://www.mhc.tn.gov.in/judis C.V.KARTHIKEYAN, J.

cmr

Order made in W.P.(MD)No.15000 of 2023

23.06.2023

https://www.mhc.tn.gov.in/judis

 
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