K MUNIASAMYTHEVAR Vs. DY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner seeks for a Writ of Mandamus forbearing the Respondents from interfering with the conducting of Bullock Cart Race in connection with the 'maha kumbhabishegam' Festival of Sree Nondi karuppanasamy, Sree Ayyanar, Sree Peria karuppanasamy, Sree Muneeswarar Kovil, thaniankoottam Village, Kadaladi Taluk, ramanathapuram District.

(2.) CASE of the petitioner could briefly be stated thus : the petitioner is the Vice President of karisalkulam Panchayat in Ramanathapuram District. It is stated that in Sree Nondi karuppanasamy, Sree Ayyanar, Sree Peria karuppanasamy, Sree Muneeswarar Kovil, temple, 'maha Kumbhabishegam' Festival is conducted and the two days Festival is scheduled on 3-4-2006 and 4-4-2006. Village people are said to have arranged for a bullock Cart Race (Rekla Race) in connection with the 'maha Kumbhabishegam'.

(3.) ACCORDING to the petitioner, the Rekla race is customary and hereditary function and has deep rooted religious sentiments. The Bullock Cart Owners from the petitioner's village and neighbouring villages would participate in the rare and race is said to have been conducted in the village for more than 75 years. It is also stated that the bullocks participating in the race are given proper food and are capable of running effectively throughout the race. It is also alleged that the Respondent Police have no authority to stop or to interfere with the temple festival and the Cart Race. The petitioner is said to have, made representations on 20-3-2006 seeking the permission of the respondents. But the Respondents did not pass any orders. Hence, the petitioner seeks for a Writ of Mandamus forbearing the Respondents from interfering with the conducting of the Bullock Cart Race in connection with 'maha Kumbhabishegam' Festival.