The court balanced the cultural significance of the event with the need to prevent unlawful activities, ultimately granting permission with specific conditions.

JUDGMENT

(Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.08.2022 and grant permission and protection for conducting rekla race scheduled to be held on 14.08.2022 at about 9.00 a.m. to 12.00 p.m. between Bhavani and Appukudal Road in connection with the 75th Independence Day Celebration and Aadi Temple Festival, Bhavani Town, Erode District.)

T. Raja, J.

1. This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.08.2022 and grant permission and protection for conducting rekla race scheduled to be held on 14.08.2022 at about 9.00 a.m. to 12.00 p.m. between Bhavani and Appukudal Road in connection with the 75th Year Independence Day Celebration and Aadi Temple Festival at Bhavani Town, Erode District.

2. Learned Counsel appearing for the petitioner would submit that the petitioner is a resident of Bhavani Town, Erode District. While so, the petitioner and his friends have decided to celebrate the 75th Year Independence Day and Aadi Festival on 14.08.2022 and 15.08.2022 respectively and as a part of the said celebration, the local people decided to conduct a rekla race on 14.08.2022 from Bhavani to Appukodal Road for which they have approached the respondents seeking permission to conduct a rekla race. Though, the respondents also have received the invitation of the festival, but kept it pending. Therefore, a representation dated 05.08.2022 has been sent by the petitioner to the respondents and the same is also pending without any decision thereof. Hence, the petitioner has been advised to come to this Court since the day for celebrating the 75th Year Independence day is fast approaching.

3. Learned Counsel for the petitioner would further submit that when the India is celebrating its 75th Year Independence Day, as a part of the Independence Day Celebration, the Indians are entitled to hold functions. Therefore, they have also moved the application which has been completely ignored. In view thereof, the petitioner may be granted permission with any conditions to be complied with. He would also submit that the petitioner is also in paragraph 4 of his affidavit filed in support of the writ petition has given an assurance on behalf of the festival committee that the rekla race will be conducted without indulging in any unlawful activities like gambling. It is also further submitted that moreover, on 14.08.2022, all colleges and schools would be closed in view of the Sunday Weekly Off. Therefore, there will not be any traffic jam between Bhavani and Appukodal Road. He would also submit that the Festival Committee has also made elaborate arrangement for holding emergency health check-ups for both men and animals before they enter into the rekla race. Therefore, a direction may be issued to the respondents for granting permission to conduct the rekla race on 14.08.2022 between 9.00 a.m. to 12.00 p.m. from Bhavani to Appukudal Road as a part of 75th Year Independence Day Celebration, he pleaded.

4. Mr.K.V.Sajeev Kumar, learned Special Government Pleader taking notice for the respondents strongly objected to grant the relief sought for by the petitioner herein. He would submit that when a similar request was already accepted and permission was also granted to conduct a rekla race on 31.07.2022 to celebrate the Aadi Festival, once again, the petitioner has given an application on 05.08.2022 to hold a rekla race on 14.08.2022 from Bhavani to Appukudal Road. Since they are unnecessarily intoxicating the horses and also indulging in gambling and betting activities, considering the larger public interest, no permission is granted to conduct the rekla race, however, if a direction is given to consider the petitioner's application dated 05.08.2022, it would be considered and appropriate orders would be passed.

5.