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2023 DIGILAW 1744 (MAD)

S. Kannan v. District Collector, Thanjavur

2023-04-20

G.ILANGOVAN

body2023
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to grant permission and protection to conduct the Bullock Cart race to be held on 25.04.2023 at Sree Sakthi Vinayagar Alayanm Rettavayal Kadai Theru, Rettavayal, Peravurani Taluk, Thanjavur District, between 6.00AM to 11.00PM.) 1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant permission and protection to conduct the Bullock Cart race to be held on 25.04.2023 at Sree Sakthi Vinayagar Alayam, Rettavayal Kadai Theru, Rettavayal, Peravurani Taluk, Thanjavur District, between 6.00 A.M. to 11.00 P.M. 2. Mr.B.Nambiselvan, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3. The learned counsel appearing for the writ petitioner submitted that in order to conduct ''Bullock Cart Race'' on 25.04.2023 at between 6.00 A.M. to 11.00 P.M, they sought permission of the police by giving a representation dated 05.04.2023. Till date, the said representation was not considered by the respondents. Since no order was passed, the writ petitioner has come before this Court for the above said relief. 4. The learned Additional Public Prosecutor appearing for the respondents would submit that the third respondent has received the representation of the writ petitioner and the same is pending for consideration. 5. The learned counsel for the petitioner has relied on the order passed by the Hon''ble Division Bench of this Court in W.P.(MD)No.2161 of 2023, wherein the Division Bench by following the earlier order passed in W.P.No.21366 of 2022, dated 12.08.2022, has granted permission by imposing certain conditions to conduct Bullock Cart race and the relevant portions are extracted hereunder : “6. At this juncture, it is pertinent to note that this Court, on an earlier occasion in W.P.(MD)No.21366 of 2022, vide order dated 12.08.2022 has granted permission to conduct rakla race, subject to the following conditions : (a) The rekla race in connection with the 75th Year Independence Day and Aadi Festival by considering the petitioner''s representation, dated 05.08.2022 be held on 14.08.2022 between 9.00 am to 12.00 pm from Bhavani to Appukudal Road: (b) There shall not be any betting or intoxication of bulls; (c) If there is any violation of any one of the conditions imposed above, the concerned Police Officer is at liberty to take necessary action, as per law and stop the rekla race forthwith. (d) The 3rd respondent is directed to issue necessary permission incorporating the above conditions.” 6. In view of the above, the third respondent is directed to consider the petitioner''s representation, dated 05.04.2023 and pass orders and in case of granting permission, subject to the conditions imposed by this Court in W.P.(MD)No.2161 of 2023. 7. In the result, this writ petition stands disposed of. No costs.