Sathish.V v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR V.Sathish ... Petitioner -vs1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Sethubavachatram Police Station, Sethubavachatram, Thanjavur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to grant permission to conduct "Bullock Cart and Horse Cart Race" on 24.02.2024 from about 06.00 a.m to 11.00 a.m. at Pattukkottai-Sethubavachatram Road, Irandmpulikadu Village, Pattukkottai Taluk, Thanjavur District by considering the petitioner's representation dated 29.01.2024.

For Petitioner :

Mr.B.Anandan For Respondents :

Mr.R.Meenakshisundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed seeking a direction to the respondents to grant permission to conduct "Bullock Cart and Horse Cart Race" on 24.02.2024 from about 06.00 a.m to 11.00 a.m. at PattukkottaiSethubavachatram Road, Irandmpulikadu Village, Pattukkottai Taluk, Thanjavur District by considering the petitioner's representation dated 29.01.2024.

2. By consent of both sides, the Writ Petition itself is taken up for final disposal at the time of admission itself.

3. According to the petitioner, he has made an application to the respondents to conduct Bullock Cart and Horse Race on 24.02.2024 from about 06.00 a.m to 11.00 a.m. at Pattukkottai-Sethubavachatram Road, Irandmpulikadu Village, Pattukkottai Taluk, Thanjavur District, however, there is no positive reply and hence, the Writ Petition.

4. By producing the copy of the order of the Deputy Superintendent of Police, Pattukkottai, dated 05.02.2024, learned Additional Public Prosecutor appearing for the respondents stated that the representation of the petitioner dated 29.01.2024 was rejected by the Deputy Superintendent of Police, Pattukkottai on the ground that the petitioner has not obtained permission from the Highways Department, he has not produced the copy of the letter requesting the Animal Husbandry and Dairying Department to examine the bullocks at the time of conduct of the race and to give certificate and the document showing provision ambulance facility for the persons who will be injured. He would further state that if the petitioner satisfies the above said requirements, his request for conducting race would be considered.

4. Learned counsel for the petitioner would submit that the petitioner will satisfy the requirements of the Deputy Superintendent of Police within two days from today. Hence, he sought for necessary direction to the Deputy Superintendent of Police, Pattukkottai to grant permission to conduct Bullock Cart Race on 27.02.2024.

5. In the light of the submissions made by the learned counsel on either side, the petitioner is directed to submit a fresh application to the Deputy Superintendent of Police, Pattukkottai, within two days from today and if the petitioner satisfies the aforesaid requirements of the Deputy Superintendent of Police, Pattukkottai, the said authority is directed to consider the same and pass appropriate on merits and in accordance with law as expeditiously as possible, preferably, on or before 20.02.2024. We make it clear that it is open to the said authority to impose necessary conditions, including restriction of time for conducting Bullock Cart and Horse Cart Race or change of time, so as to ensure that they shall not cause any disturbance to the traffic congestion, if permission is granted.

6. Accordingly, the Writ Petition stands disposed of. No costs. [D.K.K., J.] [R.V., J.] 06.02.2024 Index : Yes / No Internet : Yes / No SJ Note: Issue copy on 07.02.2024

To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Sethubavachatram Police Station, Sethubavachatram, Thanjavur District.

Copy to The Deputy Superintendent of Police, Pattukottai, Thanjavur.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 06.02.2024