Natarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.13359 of 2017 Natarajan ... Petitioner Vs.

The Inspector of Police, Seidunganallur Police Station, Thoothukudi District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 16.07.2017 passed by the respondent and quash the same as illegal, consequently and further direct the respondent to grant permission as well as adequate police protection to conduct Rekla Race from Cherakulam to Thathankulam upto R.V.S.Garden, South Karaseri Village, Srivaikundam Taluk, Thoothukudi District on 29.07.2017 from 6.00 A.M to 10.00 A.M. during the temple festival of Arulmighu Alikara Sudalaimada Swamy Temple, Srivaikundam Taluk, Thoothukudi District.

For Petitioner : Mr.P.Chellapandian For Respondent : Mr.M.Govindan, Special Government Pleader

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN, J.] This writ petition has been filed challenging the order dated 16.07.2017, passed by the respondent police, rejecting the writ petitioner's request, seeking permission as well as police protection to conduct "Rekla Race".

2.This court by order dated 03.07.2017 in W.P.(MD)No.12250 of 2017, held that conducting ReKla Race would run counter to the mandate set out in the decision of the Hon'ble Supreme Court of https://hcservices.ecourts.gov.in/hcservices/

India in 2014 (7) SCC 547 (Animal Welfare Board of India Vs. Nagaraja). We have also held that there is an inherent cruelty in the very conduct of the race itself. Therefore, we observed that conducting Rekla Races is impermissible. It would be a clear violation of the statutory provisions enshrined in Prevention of Cruelty to Animals Act, 1960.

3.Following our earlier order dated 03.07.2017, made in W.P.(MD)No.12250 of 2017, we sustain the order impugned in this writ petition and dismiss this writ petition at the admission stage itself. No costs.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To The Inspector of Police, Seidunganallur Police Station, Thoothukudi District.

+1 cc to The Special Government Pleader in SR.No.66947 MR/SMI/GSP AE/JC/SAR2/08.08.2017/2P/3C ORDER MADE IN W.P.[MD].No.13359 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/