Madras High Court
R.Iyyar vs The Superintendant Of Police on 25 January, 2021
WP(MD)No.353 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
WP(MD)No.353 of 2021 &
WMP(MD)No.275 of 2021
R.Iyyar ... Petitioner
vs.
1.The Superintendant of Police,
Karur District, Karur.
2.The Deputy Superintendant of Police,
Kulithalai, Karur District.
3.The Inspector of Police,
Thogamalai Police Station,
Thogamalai, Karur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue Writ of Certiorarified Mandamus calling for the records in
proceedings in Na.Ka.No.01/Kaa.Thu.Ka./Ku.Vu/Karur/2021 dated
04.01.2021 and quash the same and consequent upon the same, direct the
second respondent to give permission and police protection to the Sports
Events namely, Bullock and Horse Cart Races on 10.01.2021 at Kosur,
Kosur Village Panchayat, Kadavur Taluk, Karur District.
1/8
http://www.judis.nic.in
WP(MD)No.353 of 2021
For Petitioner :Mr.B.Saravanan
For Respondents :Mr.R.Saravana Kumar
Government Advocate (Criminal Side)
ORDER
By consent, this Writ Petition is taken up for final hearing at the
admission stage itself.
2. The present petition is filed seeking for a direction to call for
the records in proceedings of the second respondent in Na.Ka.No.01/
Kaa.Thu.Ka./Ku.Vu/Karur/2021 dated 04.01.2021 and seeking for a
direction to the respondent to give permission and police protection to
conduct Sports Events namely Bullock and Horse Cart Races.
3. The second respondent in his counter had contended that the
petitioner's representation dated 02.01.2021 seeking permission to
conduct Bullock and Horse Cart Races at Kosur, Kosur Village
Panchayat, Kadavur Taluk, Karur District was rejected vide proceedings
dated 04.01.2021. His further contention is that he is not empowered to
grant permission to conduct Bullock and Horse Cart Races and that as per
http://www.judis.nic.in
WP(MD)No.353 of 2021
G.O.(Ms) No.654 (Revenue and Disaster Management (DM-IV)
Department) dated 21.11.2020, the District Collector is the competent
authority to consider the request of the petitioner.
4. Mr.R.Saravana Kumar, learned Government Advocate
(Criminal Side) who accepts notice for the respondents drew the attention
of this Court to the decision of a Division Bench of this Court in
K.Ganesan vs. The Superintendent Of Police, Sivagangai District and
others reported in 2017 SCC OnLine Mad 3085, wherein, it is held that,
"4.Bulls are basically Draught and Pack
animals. This has been statutorily recognised in the
Prevention of Cruelty to Draught and Pack Animals
Rules, 1965. Draught means an animal used for pulling
heavy loads. Since, bulls have a large abdomen and
thorax and the entire body has a resemblance of a barrel
shape, the ability to run is limited. Bulls are cloven footed
(two digits) animals and two digits in each leg can
comfortably bear weight only when they are walking and
not running. Anatomically bulls are not meant to take
part in racing. That is why, Rule 11 of Prevention of
http://www.judis.nic.in
WP(MD)No.353 of 2021
Cruelty to Animals (Transportation of Animals on Foot)
Rules, 2001 states that no person shall use a whip or a
stick in order to force the animal to walk or to hasten the
pace of their walk. This Court can take judicial notice of
the fact that various kinds of physical torture are inflicted
on bulls in order to make them run. For instance, they are
poked with nail- studded sticks during the races. Powders
that have a burning effect are applied on their private
parts. They are subjected to extreme trauma.
5.Article 51 A(g) mandates that it shall be the
duty of every citizen of India to have compassion for
living creatures. Section 3 of Prevention of Cruelty of
Animal Act, 1960 states that it shall be the duty of every
person having the care or charge of any animal to take
all reasonable measures to ensure the well-being of such
animal and to prevent the infliction upon such animal of
unnecessary pain or suffering. Section 11(1) the Act
penalises any person, who beats, kicks, overrides,
overdrives,, tortures or otherwise treats any animal so as
to subject it to unnecessary pain or suffering. It cannot be
disputed that in a bullock cart race, the animal would be
beaten, kicked, overridden, over driven and tortured. In
exercise of the jurisdiction under Article 226 of the
http://www.judis.nic.in
WP(MD)No.353 of 2021
Constitution of India, this Court cannot grant permission
to do an act that is amounting to an offence.
6.The decision of the Hon'ble Supreme Court of
India reported in 2014(7) SCC 547 (Animal Welfare
Board of India V. Nagaraja) deserves to be taken note of
at this juncture. The Apex Court has noted the paredigm
shift from anthropocentrism to ecocentrism. Animal rights
and welfare have now gained recognition internationally.
The said judgment points out that every species has a
right to life and security. Article 21 of the Constitution of
India has been expansively interpreted so as to include
even animal life. Life means something more than mere
survival. Animals' well being and welfare have been
statutorily recognized under Sections 3 and 11 of the Act
and the rights framed under the Act. The right to dignity
and fair treatment is confined not only to human beings
alone, but, also extended to animals as well. The right not
to be beaten, kicked, over ridden or over loaded is also a
right recognised by Section 11 read with Section 3 of the
Act. The Honourable Supreme Court has also held that
bulls race causes considerable pain, stress and strain on
the bulls."
http://www.judis.nic.in
WP(MD)No.353 of 2021
5. At this juncture, Mr.B.Saravanan, learned counsel appearing
for the petitioner would submit that he would be filing a fresh petition
before the concerned District Collector for conducting Horse Cart race
alone.
6. In the circumstances, without going into the merits of the
claim made by the petitioner, this Court directs the petitioner to submit a
fresh representation to the concerned District Collector and on receipt of
such representation, the District Collector is directed to consider the
representation of the petitioner and pass appropriate orders on merits and
in accordance with law, as expeditiously as possible.
7. With the above observation, this petition is disposed of. No
costs. Consequently, the connected Miscellaneous Petition is closed.
25.01.2021
mbi
Index : Yes/No
Internet: Yes
Speaking/Non-Speaking order
http://www.judis.nic.in
WP(MD)No.353 of 2021
Note: In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Superintendant of Police,
Karur District, Karur.
2.The Deputy Superintendant of Police,
Kulithalai, Karur District.
3.The Inspector of Police,
Thogamalai Police Station,
Thogamalai, Karur District.
http://www.judis.nic.in
WP(MD)No.353 of 2021
R.HEMALATHA, J.
mbi
WP(MD)No.353 of 2021 &
WMP(MD)No.275 of 2021
25.01.2021
http://www.judis.nic.in
