Veeratamizhan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.07.2023
CORAM:
The Hon`ble Dr.Justice D.NAGARJUN W.P.(MD)No.16513 of 2023 Veeratamizhan ... Petitioner Vs 1.The District Collector, Thanjavur District, Thanjavur.
2.The Superintendent of Police, Thanjavur District, Thanjavur.
3.The Inspector of Police, Sethubavachatiram Police Station, Thanjavur District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, in the nature of Writ of Mandamus, directing the third respondent to grant permission and protection for conducting the double bullock cart race from Thillankadu Sri Rowther Ayyanar Kovil to Seruvalakadu, Kariyasavayal, Andikadu Vayal bus stop on 11.07.2023 as a part of the 1/7
Arulmigu Sri Rowther Ayyanar Kovil, Urchava Perunthiruvizha situated at Thilankadu Village, Pattukottai Taluk, Thanjavur District. For Petitioner : Mr.D.R.Murugesan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)
ORDER
This Writ Petition is filed seeking for issuance of writ of mandamus directing the third respondent / Inspector of Police, Sethubavachatiram Police Station, Thanjavur District, to grant permission and provide suitable protection for conducting double bullock cart race from Thillankadu Sri Rowther Ayyanar Kovil to Seruvalakadu, Kariyasavayal, Andikadu Vayal bus stop.
2. It is submitted by the learned counsel for the petitioner that the petitioner is the member of the committee of Arulmigu Sri Rowther Ayyanar Kovil and that the committee and all the villagers have proposed to conduct double bullock cart race on 11.07.2023 from Thillankadu Sri Rowther Ayyanar Kovil to Seruvalakadu, Kariyasavayal, Andikadu 2/7
Vayal bus stop. It is further submitted that the villagers have been conducting the said double bullock cart race, namely Rekla Race every year and that in the previous year also, Rekla Race was conducted by adhering the conditions imposed by the police. It is submitted that last year, there is no complaint from anybody including any of the villagers in respect of conducting the said double bullock cart race. During the conducting of said double bullock cart race, all the villagers cutting across the party line and their affiliations will participate in the event.
3. The petitioners stated to have submitted a representation to the third respondent police to grant permission and protection to smooth conducting of the Rekla Race. However, the third respondent police has neither granted permission nor rejected the claim of the petitioner. It is further submitted that all the arrangements, have been made to conduct the race in four different categories from 7.30 a.m., onwards, until 10.30 a.m., and each race may last for about an hour.
4. The learned Government Advocate (Crl.side) on the other hand submits that the petitioner and other villagers have been conducting the 3/7
double bullock cart race in the village every year after obtaining permission from the police every year. However, this time, the police have declined to grant permission as during this said period of race and road leading to the village will be blocked causing inconvenience to the villagers.
5. The petitioner has filed a copy of the order passed by the Hon'ble Division Bench of this Court dated 02.02.2023 made in W.P(MD)No.2095 of 2023, wherein in similar circumstances, permission was accorded with certain conditions.
6. Considering the circumstances submitted by both sides and taking into consideration the directions passed by this Court in W.P(MD)No.2095 of 2023, permission is hereby granted for conducting of the bullock card race on 11.07.2023, following the conditions: i) the double bullock cart race shall be permitted to be conducted between 7.30 a.m., to 12.00 p.m., only on 11.07.2023; ii) The organizers shall take all precautionary measures to see that no untoward incident happens;
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iii) The organizers must ensure that the spectators who come to witness the race, shall be kept in a proper distance from the racing track / road, so that there is no possibility of any accident involving the spectators.
iv) The organizers must ensure that a medical Doctor with Emergency Medical Kit, is also provided in order to attend to the person who may receive any injury.
v) The organizers must also provide access to the persons who wanted to go into the village or come out of the village by using the road, during the said period of 7.30 a.m., to 12.00 p.m. vi) There shall not be any betting or intoxication of bulls; vii) Finally, in case, if any of the conditions referred above are violated, the concerned police are at liberty to take necessary action as per the law and stop the Rekla Race forthwith.
7. In view of the above, the third respondent is directed to give the necessary protection / permission incorporating the above conditions. 5/7
8. This Writ Petition is disposed of, accordingly. No costs. 10.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Note: Issue order copy on 10.07.2023 pnn To 1.The District Collector, Thanjavur District, Thanjavur. 2.The Superintendent of Police, Thanjavur District, Thanjavur. 3.The Inspector of Police, Sethubavachatiram Police Station, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR. D.NAGARJUN, J.
pnn
ORDER
IN Crl.O.P.(MD)No.16513 of 2023 Date: 10.07.2023 7/7