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CDJ 2026 MHC 4848
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : WP. CRL.(MD). No. 3676 of 2026 |
| Judges: THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI |
| Parties : K. Kasi Raja Versus The State of Tamilnadu, Rep., By the Deputy Superintendent of Police, Puliyampatti Range, Thoothukudi & Another |
| Appearing Advocates : For the Petitioner: A.S. Vaigunth, Advocate. For the Respondents: D. Rajaboopathy, Government Advocate (Crl.Side). |
| Date of Judgment : 06-07-2026 |
| Head Note :- |
Subject
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Prevention of Cruelty of Animals, (Tamil Nadu Amendment Act 2017)
- Prevention of Animal Cruelties Act, 1960
- Circular of the office of the Commissioner of Animal Husbandry And Veterinary Sciences in ROC No.1509 / TNAWB/ 2020
- WP(MD)No.21022 of 2024
- O.MU.No.4302539/2026/C1
- Transfer Petition (C) No.68 of 2013
2. Catch Words:
Mandamus, animal cruelty, Rekla race, bullock cart race, police protection, NOC, permission, conditions, veterinary inspection, betting prohibition, safety gear, route verification.
3. Summary:
The petitioner sought a writ of mandamus directing the authorities to permit the Aani Matha Kodai Temple Festival and associated Rekla race and Kabaddi tournament. The Government argued that the Rekla race could cause animal cruelty, citing the 2020 circular and the Tamil Nadu Amendment Act 2017. The Court held that Kabaddi could be held separately, but the Rekla race could proceed if strict conditions were complied with. It quashed the impugned order and directed the first respondent to grant permission for the Rekla race subject to detailed conditions covering NOCs, timing, route, animal welfare, safety measures, and prohibition of gambling and political/religious symbols. The second respondent was tasked with verifying the feasibility of the proposed route and providing alternatives if necessary. The petition was disposed of with no costs.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer :- To issue a Writ of Mandamus, directing the Respondents 1 and 2 to grant permission, together with necessary police protection, for conducting the Aani Matha Kodai Festival of Arulmigu Sri Kallyamman and Sri Santhanamariyamman Temple and the allied events, namely Rekla Race, Kabaddi Tournament and Cultural Music Programme, scheduled to be held from 09.07.2026 to 12.07.2026 based on the petitioner's representation dated 15.06.2026.)
1. This Writ Petition is filed seeking to issue a Writ of Mandamus, directing the Respondents 1 and 2 to grant permission, together with necessary police protection, for conducting the Aani Matha Kodai Festival of Arulmigu Sri Kallyamman and Sri Santhanamariyamman Temple and the allied events, namely Rekla Race, Kabaddi Tournament and Cultural Music Programme, scheduled to be held from 09.07.2026 to 12.07.2026 based on the petitioner's representation dated 15.06.2026.
2. The learned Government Advocate, pointed out that during the Temple Festival, they are seeking to conduct Rekla race and Kabaddi tournament which will cause complications in the Temple Festival.
3. The learned Government Advocate(Crl.side) further submitted that 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).
4. Heard either sides and carefully perused the materials available on record.
5. In view of the above submissions, this Court is of the considered view that the petitioner can arrange for Kabadi tournament at any time and the same cannot be connected to the temple festival. However, as far as regular race is concerned, the learned counsel for the petitioner insisted that the permission is sought to conduct rekla race on 09-7-2026 from 06.00 a.m. to 8:30 a.m. in the village road without causing any disturbance to the common public or traffic.
6. The learned Government Advocate had pointed out that in the pamphlet issued with regard to the conduct of Rekla race, the petitioner has not restricted the time to conduct of Rekla race, to 8:30 a.m.
7. 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."
8. The second respondent is directed to verify whether the route sought for by the petitioner is feasible for the conduct of the Rekla race on 09.07.2026 at about 6.00 a.m., to 8.30 a.m., in connection with the temple festival 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.
9. Accordingly, this Writ petition stands disposed of. No costs.
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