Allowed

P. Alaguraja, v. the District Collector

Madras HC9 May 2019WP(MD)/11620/2019

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court quashed an order banning a traditional temple festival in Kodaikanal. The ban was imposed citing potential violations of animal cruelty laws, but the court permitted the festival to proceed without animal sacrifice after receiving an undertaking from the petitioner.

What did the court decide?

Quashed of impugned order; permission granted to celebrate festival in traditional manner except animal sacrifice.

P. Alaguraja, Vs the District Collector — Constitutional and Fundamental Rights | Madras HC (2019)

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P.Alaguraja

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.05.2019 CORAM: THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11620 of 2019

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P.Alaguraja ... Petitioner Vs 1.The District Collector, Dindigul. 2.The Revenue Divisional Officer, Kodaikanal. 3.The Tahsildar, Taluk Office, Kodaikanal. 4.The Assistant Director, Animal Husbandry, Kodaikanal.

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5.The Deputy Superintendent of Police, Kodaikanal. 6.The Inspector of Police, Kodaikanal Police Station, Kodaikanal. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the communication in Na.Ka.No.701/2019/A2, dated 04.05.2019 issued by the 2^nd respondent and quash the same and consequently direct the respondents to give permission and protection to hold festival on 06.05.2019 to 13.05.2019 in Palamputhur, Kookkaal Village, Kodaikanal, Dindigul District.

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For Petitioner : Mr.N.Mohan

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For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

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ORDER

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The petitioner is the main Office-Bearer of Sri Arulmigu Panirendappar Temple, Palamputhur, Kookkaal Village. The villagers are celebrating the petition mentioned temple festival once in 12 years. The celebration of the said festival has been banned by the second respondent on the ground that event would violate the https://hcservices.ecourts.gov.in/hcservices/ provisions of the prevention of cruelty to animals Act. Questioning the same, this writ petition has been filed.

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2.When the matter was taken up for hearing, the learned counsel appearing for the writ petitioner submitted that the villagers would not perform any animal sacrifice. The writ petition was listed on 08.05.2019 under the admission caption and is being taken up for hearing today. The animal sacrifice event was to be held on 08.05.2019. The petitioner's counsel submitted that there is no question of performing the animal sacrifice. However he wanted this Court to permit the celebration to be otherwise conducted in the traditional manner. He further gave an undertaking that there is no question of perpetration of any cruelty on animals. This undertaking given by the petitioner's counsel with regard to sacrifice of animal is placed on record.

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3.In this view of the matter, the order impugned in this writ petition is quashed and the villagers of Palamputhur are permitted to celebrate the petition mentioned festival in the traditional manner except with regard to performance of animal sacrifice.

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4.The writ petition is allowed accordingly. No costs.

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Assistant Registrar (AE)

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// True Copy //

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Sub Assistant Registrar(CS)

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To:

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1.The District Collector, Dindigul. 2.The Revenue Divisional Officer, Kodaikanal. 3.The Tahsildar, Taluk Office, Kodaikanal. 4.The Assistant Director, Animal Husbandry, Kodaikanal. 5.The Deputy Superintendent of Police, Kodaikanal.

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6.The Inspector of Police, Kodaikanal Police Station, Kodaikanal.

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7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1cc to Mr.N.Mohan, Advocate, SR.No. 65442

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W.P.(MD)No.11620 of 2019 https://hcservices.ecourts.gov.in/hcservices/ IAS KK/SAR/10.05.2019/ 2P- 9C

P. Alaguraja, v. the District Collector

Case brief

What is this about?

What did the court decide?

P. Alaguraja, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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