Anthony Raj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.A.(MD).No.740 of 2018 Anthony Raj : Appellant/Petitioner Vs.

1.The District Collector, 2.The Commissioner of Police, Tirunelveli City, 3.The Superintendent of Police, 4.The Inspector of Police, Sivanthipatti Police Station, 5.The Inspector of Police, Perumalpuram Police Station, : Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of Letter Patent, against the order of this Court in W.P.(MD).No.8065 of 2018 dated 13.04.2018.

Prayer in WP(MD). 8065/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus to direct the 1st Respondent to grant necessary permission and the 2nd to 5th Respondents to grant adequate Police Protection for conducting the Rekla Competition on 20.05.2018 from 6.00 am to 9.00 a.m from the Petitioner's village to V.M.Chatram during the Keelanattarkulam Soosaiappar Koil Festival based on the Petitioners representation dated 23.03.2018.

For Appellant : Mr.D.Selvaraj For Respondents : Mr.M.Rajarajan Government Advocate

J U D G M E N T

[Order of the Court was made by C.T.SELVAM, J.] This appeal filed by the appellant/writ petitioner, against the order of this Court passed in W.P.(MD).No.8065 of 2018 dated 13.04.2018.

2.We have heard Mr.S.D.Selvaraj, learned counsel appearing for the appellant and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

3. The petitioner has moved W.P.(MD) No.8065 of 2018, seeking direction to the first respondent to grant necessary permission and the respondents 2 to 5 to grant adequate police protection for conducting Rekla competition on 20.05.2018, from 6.00 a.m. to 09.00 a.m. from the petitioner's village to V.M.Chathram during Keelanattarkulam Soosaiappar Kovil festival based on the petitioner's representation dated 23.03.2018. Such Writ Petition stands dismissed.

4.Presently, the Inspector of Police, Perumalpuram Police by order 05.04.2018 has rejected the representation of the petitioner dated 23.03.2018, seeking permission to conduct the Rekla Race on 20.05.2018 as the place where the petitioner sought to conduct the same is a crowded and a busy area within city limits. 5.We have perused the order of the learned Single Judge and are quite in agreement with the view expressed therein. Even so, we take note of the factual position that Jallikattu events are being regularly permitted and frequently conducted in several parts of the State and so are Rekla Races. The difficulties expressed by the 5th respondent may well be addressed by requiring the petitioner to submit a fresh representation for conducting the Rekla Race on 20.05.

2018 in an area found suitable by the jurisdictional Deputy Superintendent of Police. The petitioner may approach the jurisdictional Deputy Superintendant of Police, Thalaiyoothu towards making necessary application. On doing so, the police official informed above shall, given the views herein above expressed, consider the representation favourably.

6.Accordingly, this writ appeal stands disposed of. No costs. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector,

2.The Commissioner of Police, Tirunelveli City, 3.The Superintendent of Police, 4.The Inspector of Police, Sivanthipatti Police Station, 5.The Inspector of Police, Perumalpuram Police Station, +1cc to M/S.D.Selvaraj, Advocate SR.No. 64629 ORDER MADE IN W.A.(MD).No.740 of 2018 28.04.2018 ns JM/SV MMS/SAR 4/28.04.2018/3P/7C