C.KANNAN Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the third respondent in proceedings Nil dated Nil and quash the same as illegal and consequently direct the respondents to give permission and police protection for conducting Rekla Race which is scheduled to be conducted between Koyyanvilai Sriman Narayanaswamy Kovil to Post Office Junction, Kanyakumari District on 26.01.2019 at about 3.30 p.m. in view of 19th year celebration of "Vaigundar Narpani Mandram, South Soorankudi'.

(2.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

(3.) The learned counsel for the petitioner would submit that the petitioner is the resident of Pottalvilakku, South Soorangudi Post, Kanyakumari District and that the like minded persons in the village have started a Narpani Mandram in the name of 'Vaikundar Narpani Mandram' and that they have been conducting sports and cultural events for the past 18 years. This year, during the 19th Anniversary of their Mandram, they have decided to celebrate Republic Day from 24.01.2019 to 27.01.2019 and they have scheduled to conduct various cultural events as well as sports events. One of the events is that on 26.01.2019, they have decided to conduct Rekla Race between Koyyanvilai Sriman Narayanaswamy Kovil and Post Office of South Soorangudi which covers as a distance of 1 k.m. Hence, the Organizers had given a representation to the second and third respondents on 11.01.2019 seeking permission. He would submit that the Race is to be conducted in the distance of 1 k.m. and that they have taken every precautionary measures to conduct the Race, whereas the respondents, by the impugned order dated Nil, has rejected the prayer of the petitioner stating that this is the first time they have sought for permission and that a similar event had been conducted within the jurisdiction of Eathamozhi Police Station, wherein animals have been subjected to cruelty, in respect of which case in Crime Nos.276/14, 277/14, 26/17 and 161/18 had been registered. He would submit that the race is only for the distance of 1 k.m. and that the Organizers are prepared to give necessary undertakings before the respondent police not to violate the provisions of Prevention of Cruelty to the Animals Act and he would submit that necessary safety and precautionary measures will also be taken by the petitioner Organisation for conducting the race in accordance with law.