1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8639 of 2011 and M.P(MD)No.1 of 2011 A.Sorimuthu .. Petitioner Vs. 1.The Superintendent of Police, Tirunelveli, Tirunelveli District. 2.The Deputy Superintendent of Police, Tirunelveli Rural, Tirunelveli District. 3.The Inspector of Police, Seevalaperi Police Station, Tirunelveli District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the second respondent in Na.Ka.No.564/fh/J/f/jpyp - Cufk;/2011, dated 30.07.2011 and quash the same as illegal and consequently direct the second respondent to permit the petitioner to conduct the REKLA RACE (Bullock Cart Race) the function to be held on 03.08.2011 in Kattalai Village, Seevalaperi Post, Tirunelveli District and within the time that may be stipulated by this Court. For Petitioner : Mr.A.D.Ganeshamoorthi For Respondents : Mr.M.Govindan, Special Government Pleader O R D E R This Writ Petition has been filed to quash the proceedings of the second respondent in Na.Ka.No.564/fh/J/f/jpyp – Cufk;/2011, dated 30.07.2011 and to direct the second respondent to permit the petitioner to conduct the 'REKLA RACE' (Bullock Cart Race) on 03.08.2011 in Kattalai Village, Seevalaperi Post, Tirunelveli District. 2. Heard Mr.A.D.Ganeshamoorthi, learned counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondents. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. Relying upon the order of the Supreme Court passed in I.A.No.15 of 2008, dated 12.01.2008, the petitioner seeks permission to conduct 'Bullock Cart Race' otherwise known as 'Rekla Race' in Kattalai Village, Seevalaperi Post, Tirunelveli District. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The order passed by the Supreme Court in I.A.No.15 of 2008, dated 15.01.2008 reads as follows: "On 27.07.2007, we issued stay of the operation of the impugned order dated 09.03.2007 of the Madras High Court which permitted "Jallikattu" subject to certain conditions. This Court passed an order on 11.01.2008 declining to vacate the stay which was granted earlier. We had permitted only Rekla Race (Bullock Cart Race) and that too without any physical confrontation between bullocks and human beings. Jallikattu is claimed to be a cultural event which is conducted in some Districts in the State of Tamil Nady as part of the Pongal Festival. Now the State of Tamil Nadu had come with applications for modifications of the order passed by this Court on 11.01.2008. We do not approve of all the reasons given by the State of Tamil Nadu for modifying the order. However, it is pointed out by the learned Additional Solicitor General appearing for the State of Tamil Nadu that this is a part of the religious festival of Pongal and villages have been celebrating the same from time immemorial. It has been submitted that extreme care and precautions will be taken by the District Authorities and no harm or injuries will be caused to the citizens, spectators, participants or the animals." 6. The request of the petitioner was rejected by the Deputy Superintendent of Police stating as follows: (i) The route which is chosen for conducting Bullock Cart Race, is uneven and under repair and not suitable for conducting race. (ii) There is likelihood of law and problem due to previous enmity between the lorry owners and bullock cart owners, who have been excavating sand from the Thamirabarani river. This is likely to cause law and problem and breach of peace and therefore, the request of the petitioner cannot be considered. 7. On notice, the learned Special Government Pleader requested the third respondent Inspector of Police to be present in Court and the said Officer is present in Court and expressed the difficulty of the police personnel in conducting the race in the route as suggested by the petitioner. 8. However, on a query from the Court as to whether the Bullock Cart Race can be allowed to be conducted in any other place or route, the Officer informs the Court that they will identify the suitable route and if so directed and permission will be granted to conduct the race on another day after taking adequate safety measures and preventive measures to avoid clash between one or other groups. 9. In view of the stand taken by the third respondent, the petitioner is permitted to give a proper application for grant of permission to conduct Bullock Cart Race(Rekla Race) on 09.08.2011 and the said request shall be considered by the second respondent Deputy Superintendent of Police. https://hcservices.ecourts.gov.in/hcservices/ 3 10. While granting such permission, the Deputy Superintendent of Police may impose conditions to ensure that the Bullock Cart Race (Rekla Race) is conducted in an orderly manner ensuring safety and security. 11. In addition to the above, the Authority may also impose any one or more of the conditions specified under the Tamil Nadu Regulation of Jallikattu Act, 2009, in order to ensure that no injury is caused to the Spectators, stand-byers or the bulls. He may impose such other conditions as may be applicable to the 'Bullock Cart Race'. 12. The Authority may also specify the time during which the 'Bullock Cart Race' will be conducted and the petitioner is directed to strictly comply with the conditions imposed by the respondent police. The petitioner and the organizers shall ensure that no harm or cruelty is caused to the bullocks that run in the race. The Authority shall take note of the conditions contained in Section 5 of the Tamil Nadu Regulation of Jallikattu Act, 2009 for clarity. 13. In the result, the impugned proceedings second respondent in Na.Ka.No.564/fh/J/f/jpyp – Cufk;/2011, dated 30.07.2011, is set aside and the matter is remitted to the second respondent Deputy Superintendent of Police, Tirunelveli for reconsideration in the above line. The Writ Petition is ordered in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar(C.S) To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District. 2.The Deputy Superintendent of Police, Tirunelveli Rural, Tirunelveli District. 3.The Inspector of Police, Seevalaperi Police Station, Tirunelveli District. +1. CC to Mr.A.D.Ganesamoorthi, Advocate, SR.No. 25969 +1. CC to the Special Government Pleader, SR.No. 26121 pm W.P.(MD)No.8639 of 2011 03.08.2011 TR : 04.08.2011: 3p/6c : IT https://hcservices.ecourts.gov.in/hcservices/