S.Sellavel v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Sellavel ... Petitioner Vs.

1. The State by, The Superintendent of Police, Erode, Erode District.

2. The Deputy Superintendent of Police, Bhavani, Erode District.

3. The Inspector of Police, Bhavani Police Station, Erode, Erode district. ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue Writ of mandamus to call for the records pertaining to the order passed by the Respondent No.3 in proceedings in Na.Ka.No.19/D1 PS/BVN(.)/2023 dated 22.10.2023 and quash the same as illegal and consequently direct the respondents to give permission and police protection for conducting Rekla Race scheduled to held on 26.11.2023 at about 08.00.a.m., to 12.00.p.m., between Servarayanpalayam, Bhavani to Oricheripudhur, Appakoodal Road in connection with the Diwali Festival Celebration at Bhavani Town, Erode District.

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For Petitioner : Mr.S.Bharanidharan For R1 to R3 : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petitioner's representation seeking police protection to conduct Rekla Race was declined by the Inspector of Police, Bhavani Police Station in his proceedings dated 22.10.2023. Being aggrieve, present petition is filed.

2. The learned counsel for the petitioner states that, for the very same place, last year, pursuant to the order passed by this Court in W.P.No.33111 of 2022 dated 12.08.2022 Rekla Race was conducted and therefore, the reason stated by the Inspector of Police in the impugned order will not sustained.

3. The learned Government Advocate (Crl. Side) submitted that, experience of the past year indicates that, if Rekla Race is conducted in the said route, it will cause traffic congestion in the Erode to Sathyamangalam Highway. Permission from the Highways Department not obtained. Details of the partipants, number of horses and precautions to avoid any accidental injuries not taken.

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4. In the light above submissions, if the petitioner satisfy all the requirements and provides all the details mentioned in the impugned order, the respondent police shall act in accordance with law.

5. With this observations and directions, this Writ Petition is disposed of.

29.11.2023 Index : Yes/No Sma To

1. The State by, The Superintendent of Police, Erode, Erode District.

2. The Deputy Superintendent of Police, Bhavani, Erode District.

3. The Inspector of Police, Bhavani Police Station, Erode, Erode district.

4. The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

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