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CDJ 2026 MHC 1768
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : W.P. CRL (MD). No. 1403 of 2026 |
| Judges: THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI |
| Parties : Sivanantham Versus The District Collector, Madurai & Others |
| Appearing Advocates : For the Petitioner: B. Santhanam Rajesh Kumar, Advocate. For the Respondents: R1, V. Satheesh, Government Advocate (Crl Side), R2 to R4, S.S. Manoj, Government Advocate. |
| Date of Judgment : 11-03-2026 |
| Head Note :- |
Constitution of India - Article 226 -
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- Article 226 of Constitution of India
- Prevention of Cruelty of Animals, (Tamil Nadu Amendment Act 2017)
- ROC No.1509 / TNAWB/ 2020 (circular of the Commissioner of Animal Husbandry and Veterinary Sciences)
- Prevention of Animal Cruelties Act, 1960
2. Catch Words:
certiorari, mandamus, animal cruelty, Rekla race, bullock cart race, writ petition
3. Summary:
The petitioner, a member of a temple committee, sought a writ of certiorari and mandamus under Article 226 to quash an order dated 05.03.2026 that denied permission for a double bullock‑cart (Rekla) race during the Masi Festival. Relying on earlier judgments permitting similar events, the petitioner argued that the race was excluded from the Tamil Nadu amendment to the Prevention of Cruelty of Animals Act. The Government contended that the race would constitute animal cruelty. The Court observed that the race had been conducted for several years without incident and, following precedent, quashed the impugned order. It directed the respondents to grant permission subject to detailed conditions ensuring animal welfare, safety, and compliance with various departmental clearances. The petition was allowed without costs.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records to the impugned proceedings in O.MU.No.4302539/2026/C1 dated 05.03.2026 passed by the first respondent and quash the same as illegal and consequently direct the respondents to grant permission and protection for conducting the double bullock cart race to be held on 14.03.2026 at Uranganpatti Village Road to Mathagupatti Road, Madurai District between 6.00 a.m to 9.00 a.m in connection with the “Masi Festival” in Shri Manthai Karuppanasamy Kovil, Situated at Uranganpatti Village, Uranganpatti Post, Melur Taluk, Madurai District.)
1. This Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records to the impugned proceedings in O.MU.No.4302539/2026/C1 dated 05.03.2026 passed by the first respondent and quash the same as illegal and consequently direct the respondents to grant permission and protection for conducting the double bullock cart race to be held on 14.03.2026 at Uranganpatti Village Road to Mathagupatti Road, Madurai District between 6.00 a.m to 9.00 a.m in connection with the “Masi Festival” in Shri Manthai Karuppanasamy Kovil, Situated at Uranganpatti Village, Uranganpatti Post, Melur Taluk, Madurai District.
2. Learned counsel for the petitioner submitted that the petitioner is one of the member of the Administrative Committee of Shri Manthai Karuppanasamy Kovil, Situated at Uranganpatti Village, Uranganpatti Post where Maasi Kodai festival is ongoing. In this regard, the petitioner had well before given a representation as early as on 21.02.2026 seeking permission to conduct a bullock cart race in the Masi Kodai festival. However, the impugned order dated 05.03.2026, came to be passed by the first respondent, rejecting the petitioner's requisition. Challenging the same the present writ petition is filed.
3. Learned counsel for the petitioner submitted that already this Court had permitted various temple committees to conduct Rekla Race in Masi Kodai festival and he relied upon the order passed by this Court in WP(MD)No.13355 of 2023 dated 08.06.2023, WP(MD)No.5360 of 2024 dated 08.03.2024 and the judgment of the Hon'ble Division Bench of this Court in WP(MD)No.21022 of 2024 dated 03.09.2024 and the order of this Court made in WP(MD)No.2187 of 2025 dated 06.03.2025. He further pointed out that the impugned proceeding is passed only on the ground that the game of Rekla race is not included in the schedule of Prevention of Cruelty of Animals, (Tamil Nadu Amendment Act 2017), along with Jallikattu, Manjuviratu, Erudhu vidum vizha, and Vadamadu, and sought for the indulgence of this Court.
4. The learned Government Advocate(Crl.side) submitted that there is no infirmity in the order because the conduct of Rekla race would amount to causing cruelty to the animals, more particularly in the in Rekla race, the animals would be subjected to cruelty. He also drew the attention of this Court to the circular of the office of the Commissioner of Animal Husbandry And Veterinary Sciences in ROC No.1509 / TNAWB/ 2020 where the events of Rekla race and Cock fight are specifically excluded based on the mandates of the Prevention of Cruelty of Animals, (Tamil Nadu Amendment Act 2017).
5. Heard either sides and perused the materials available on record.
6. However, it is seen that for the past several years, this Rekla Race is being conducted by the petitioners in the said temple namely Shri Manthai Karuppanasamy Kovil at Uranganpatti Village, following the mandates. Considering the fact that the petitioner is ready to abide by any condition for the purpose of conducting the Rekla race, this Court, following the directions passed by the Hon'ble Division Bench of this Court, in WP(MD)No.21022 of 2024, in which I am also a part, the impugned proceedings in O.MU.No.4302539/2026/C1 dated 05.03.2026 passed by the first respondent, is hereby quashed and the first respondent is directed to permit the petitioner to conduct Rekla race subject to the following conditions:
"2. The following conditions may be imposed in conducting Bullock cart race at Seruppalakadu Village, Sethupavachatram Peravurani Taluk, Thanjavur District.
i) Organizers should obtain no objection for conducting events from the following departments. NOC to be obtained from the Animal Welfare Board, Highways Authorities, Revenue departments, and Health department.
ii) Bulls cart race should be conducted in the daytime only and the entire event should be completed maximum before 3 hrs time.
iii) The timing and number of Bulls cart should be decided by the local administration based on local conditions.
iv) There should not be any betting, gambling, or any illegal activities associated with this event.
v) They should not intoxicate the Bulls.
vi) Similarly, the Bullock cart riders should be strictly prohibited from using alcohol.
vii) Every Bulls cart should be certified for its stability by an appropriate authority.
viii) The race should not be conducted in National Highways or State Highways and preferably village roads or any other mud track prepared on empty field may be used.
ix) The Organizers should fix or decide the route in consultation with the Police Department. (Schools and Hospitals to be avoided)
x) The entire event should be video~graphed.
xi) Torturing of Bulls won-t be allowed at any cost. No whipping of the bull would be permitted and the cart man would only be permitted to swirl it in the air and hit it on the ground, but in no manner whatsoever would the cart man be permitted to whip the bull or induce pain or cause any injury while conducting bullock cart races.
xii) There should not be any caste, communal and Political coloring in the conduct of the event.
xiii) Fitness certificate for the participations should be obtained from the health department.
xiv) Only two persons should be allowed to ride the bullock cart.
xv) The maximum distance allowed to conduct the race should be for 5 kilometers only, beyond which permission is should be denied.
xvi) All the participants should wear Head protection and safety gear. Those who do not wear this should not be permitted to participate in the race.
xvii) Not more than 10 bullock carts should go at the same time.
xviii) Political Party flags, religious flags, slogans and songs should be avoided in the event.
xix) Representation to be given to all the concerned authorities 10 days prior to the function. Authorities can modify the route and time for the convenience of the general public.
xx) At every event, where bullock cart races are to be held, a separate track for each bullock cart will have to be provided.
xxi) A veterinary Doctor who is attached to the village Dispensary shall first inspect all the bulls that participate in the bullock cart races to ensure that they are in good physical condition and they are not intoxicated and that there is no application of chilli powder or mud to the genitals of the bull to make it more aggressive or ferocious, so that it runs at a faster speed. In the event of any unfortunate injury that may occur to a bull during the race, immediate adequate medical facility would be provided by the Veterinary Doctor.
xxii) In the event of any bull is subjected to cruelty by any person or persons during the bullock cart races, penal action would be initiated against him/them under the Prevention of Animal Cruelties Act, 1960.
xxiii) The Veterinary Doctor in association with NGOs espousing the cause of animal welfare would video graph the bullock cart races from vintage position so as to enable the authorities to find out that there is an infraction of law or of the aforesaid guidelines during the course of the races.
xxiv) Any organization seeking to conduct bullock cart races would have to inform the district administration/District Collector and the concerned police station in writing at least fifteen days prior to holding of such race.
xxv) Owners of the bull cart as well as the event organizers shall be solely responsible for any untoward incidents occurred during the race."
9. Further, the Hon-ble Supreme Court while granting permission in Transfer Petition (C) No.68 of 2013 imposed the following conditions:~
"i) At every event, where bullock cart races are to be held, a separate track for each bullock cart will have to be provided.
ii) No whipping of the bull would be permitted and the cartman would only be permitted to swirl it in the air and hit it on the ground, but in no manner whatsoever would the cartman be permitted to whip the bull or induce pain or cause any injury while conducting bullock cart races.
iii) A veterinary Doctor who is attached to the village Dispensary shall first inspect all the bulls that Participate in the bullock cart races to ensure that they are in good physical condition and they are not intoxicated and that there is no application of chilly powder or mud to the genitals of the bull to make it more aggressive or ferocious, so that it runs at a faster speed. In the event of any unfortunate injury that may occur to a bull during the race, immediate adequate medical facility would be provided by the Veterinary Doctor.
iv) In the event of any bull is subjected to cruelty by any person or persons during the bullock cart races, penal action would be initiated against him/then under the Prevention of Animal Cruelties Act, 1960.
v) The Veterinary Doctor in association with NGOs espousing the cause of animal welfare would video graph the bullock cart races from vintage position so as to enable the authorities to find out that there is an infraction of law of the aforesaid guidelines during the course of the races.
vi) If the Committee to Monitor Animal Welfare Laws In Maharashtra constituted by the High Court desires to video graph the bullock cart races, then they would be entitled to do so and necessary safeguards and assistance would be provided to them by the Government.
vii) Any organization seeking to conduct bullock cart races would have to inform the District administration/District Collector and the concerned police station in writing at least ten days prior to holding of such race, which in turn would immediately intimate the same to the said Committee."
7. The fourth respondent is directed to verify whether the route sought for by the petitioner is feasible for the conduct of the Rekla race on 14.03.2026 and if found feasible permit the petitioner and if not found feasible, the respondents are directed to provide alternative route for the conduct of the same.
8. Accordingly, this Writ petition stands allowed. No costs.
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