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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B. PUGALENDHI, J.
Sivaraman – Petitioner
Versus
The District Collector, Dindigul and Others – Respondents
W.P. (MD) No. 5362 of 2024
Decided On : 07-03-2024
Rekla Race - Permission for Rekla Race - Transfer Petition (C) No. 68 of 2013 - Prevention of Animal Cruelties Act, 1960 - W.P. (MD) Nos. 2132, 2537 and 3449 of 2024 - Conditions imposed by the Hon'ble Supreme Court and the Division Bench of the Court - Compliance with conditions for conducting Bullock Cart Races - Opportunity of hearing before cancelling previous order
Fact of the Case:
The petitioner, a member of a political party, sought permission to conduct a Rekla Race, which was initially granted but later revoked by the 3rd respondent. The petitioner alleged that the revocation was influenced by the ruling party, while the State contended that the revocation was due to non-compliance with conditions imposed by the Hon'ble Supreme Court.
Finding of the Court:
The court found that the conditions imposed by the Hon'ble Supreme Court for conducting Bullock Cart Races must be strictly complied with. It held that the petitioner should have been given an opportunity of hearing before the previous order was cancelled. The court disposed of the writ petition, allowing the petitioner to submit a fresh application for conducting the Rekla Race, subject to compliance with the conditions.
Issues: The main issues revolved around the revocation of permission for the Rekla Race, alleged political influence, compliance with conditions imposed by the Hon'ble Supreme Court, and the petitioner's right to an opportunity of hearing.
Ratio Decidendi: The court emphasized the importance of complying with the conditions imposed by the Hon'ble Supreme Court for conducting Bullock Cart Races. It also highlighted the necessity of providing an opportunity of hearing before revoking a previous order.
Final Decision: The writ petition was disposed of, granting the petitioner the liberty to submit a fresh application for conducting the Rekla Race, subject to compliance with the conditions. No costs were awarded.
JUDGMENT :
B. PUGALENDHI, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the 3rd respondent in his proceedings Na. Ka. No. 32/Ka.A/PU/2024 dated 03.03.2024 and quash the same as devoid of merits and consequently, direct the respondents to grant permission for celebrating Rekla Race at Muthunaickenpatti, Pushpathur Village, Palani Taluk, Dindigul District, by confirming the order passed by the 3rd respondent in Na. Ka. No. 31/Ka.A/PU/2024 dated 03.03.2024.
1. The petitioner is the Member and West Union President of the Bharathiya Janatha Party, Thoppampatti, Dindigul District and he has filed this writ petition as against the proceedings dated 03.03.2024 passed by the 3rd respondent/Inspector of Police, Saminathapuram Police Station, Dindigul District. By the impugned proceedings, dated 03.03.2024, the 3rd respondent rejected permission already granted to the petitioner for conducting Rekla Race at Muthunaickenpatti, Pushpathur Village, Palani Taluk.
2. The learned counsel appearing for the petitioner submits that the petitioner was granted permission with certain conditions by the 3rd respondent on 03.03.2024, however, at the instance of the ruling party, the 3rd respondent has passed the impugned order on the same day rejecting the permission granted for conducting Rekla Race. He further submits that the petitioner and the villagers are celebrating Rekla Race for the past six years and for this year also, they have approached the 3rd respondent by way of a request on 23.02.2024 and the 3rd respondent has considered the same and also granted permission to the petitioner with certain conditions on 03.03.2024. The petitioner has made all arrangements for conducting Rekla Race on 10.03.2024. While so, at the instigation of the ruling party in the said area, the 3rd respondent has passed the impugned order, cancelling the permission already granted to the petitioner, on the same day, without providing him an opportunity of hearing and without any reasons whatsoever.
3. The learned Additional Advocate General appearing for the State submits that the 3rd respondent has given permission on 03.03.2024 with usual conditions, on which, Rekla Races are permitted. However, it has been brought to the knowledge of the respondents that the Hon'ble Supreme Court, in Transfer Petition (C) No. 68 of 2013, has imposed certain conditions to be complied with strictly, while conducting these types of Bullock Cart Races and the same is extracted as under:
(ii) No whipping of the bull would be permitted and the cartman would only be permitted to swirl it in the air and hit it on the ground, but in no manner whatsoever would the cartman be permitted to whip the bull or induce pain or cause any injury while conducting bullock cart races.
(iii) A veterinary Doctor who is attached to the village Dispensary shall first inspect all the bulls that Participate in the bullock cart races to ensure that they are in good physical condition and they are not intoxicated and that there is no application of chilly powder or mud to the genitals of the bull to make it more aggressive or ferocious, so that it runs at a faster speed. In the event of any unfortunate injury that may occur to a ball during the race, immediate adequate medical facility would be provided by the Veterinary Doctor.
(iv) In the even of any bull is subjected to cruelty by any person or persons during the bullock cart races, penal action would be initiated against him/then under the Prevention of Animal Cruelties Act, 1960.
(v) The Veterinary Doctor in association with NGOs espousing the cause of animal welfare would video graph the bullock cart races from vintage position so as to enable the authorities to find out that there is an
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