W.M.P.No.28257 of 2024 in
W.P.No.25228 of 2024
R.SURESH KUMAR, J.
and
P.B.BALAJI, J.
(Order of the Court was made by R.SURESH KUMAR, J)
This Miscellaneous Petition has been moved as an urgent petition today being a Holiday as a House motion, as per the directive of the Hon’ble Acting Chief Justice, this Bench has been constituted.
- The prayer sought for in this petition is to extend the time for obtaining the FIA approval for conduct of the F4 Street Race in Chennai by 6 hours from 12 Noon on 31.08.2024 till 6 pm on 31.08.2024 to comply with the conditional order of this Court, dated 29.08.2024 made in W.P.No.25228 of 2024.
- Heard Mr.P.R.Raman, learned Senior counsel appearing for the petitioner who stood as 7th respondent in the main writ petition. He would submit that as per the earlier plan which had been taken note of by the Division Bench, which passed the order on 29.08.2024, the FIA Authority / Officials already have inspected the race track.
- After having completed the inspection, the FIA has suggested certain changes to a particular corner of the track, i.e., at Turn No.19 and even currently that work is going on and it is expected that such rectification work would be completed by 6 pm today.
- He would further state that, the moment such rectification work is completed, immediately the FIA officials would reinspect the site and would clear the certification forthwith. Therefore at the most before 7 pm everything would be completed and the FIA certification would also be obtained by the petitioner to start with the race with some slight delay from the earlier schedule already announced.
- Almost similar contentions have been made by Mr.J.Ravindran, learned
Additional Advocate General appearing for the State. - In response to the said submissions, Mr.Sunny Sheen Akkara, learned counsel appearing for the first respondent / writ petitioner would contend that, as per the earlier order passed by this Court, dated 29.08.2024, the FIA certificate ought to have been obtained by them by 12 Noon today and because of the rectification now suggested by FIA officials, it has become evident that still the track is not fully ready to go ahead with the race. Therefore it is highly doubtful to believe that before 6 pm the rectification would be made and they will be able to get FIA Certificate.
- He would also submit that, at any rate if they are able to get the FIA certificate either before 6 pm or little later, without getting the FIA certificate, the event could not be started even for the practice session and that has already been ensured by the earlier order, dated 29.08.2024. Hence the learned counsel seeks indulgence of this Court to stick on with the order already been passed by this Court on this issue.
- We have considered the said submissions made by both the learned counsels and have perused the materials placed before this Court.
- Insofar as the order that has been passed on 29.08.2024 is concerned, clear and exhaustive directions have been given in para 11, which reads thus for further
clarity :
“11. On considering the said submissions, we are inclined to pass the following interim order:
(i) As per the undertaking before this Court, the Formula 4 street race event shall be conducted on 31.08.2024 and 01.09.2024 as per the schedule fixed by the Government, subject to obtaining FIA certificate to be issued by the authority concerned and the same shall be obtained on or before 12.00 noon on 31.08.2024. The certificate issued by FIA shall be communicated to the learned counsel for the petitioner through e-mail. We also make it clear that failure to obtain the FIA certificate/licence within the time stipulated, the event shall not be conducted as per the schedule.
(ii) As per the undertaking affidavits submitted before this Court today by the Deputy Commissioner of Police Traffic (East), Anna Salai, Chennai and the Director of Medical Education and Research, they shall ensure that there shall be free flow of traffic in the diversion routes, without causing any inconvenience to the patients and general public, especially proceeding towards Rajiv Gandhi Government Medical Hospital, Omandurar
Government Multi Specialty Hospital and Central Railway Station.
(iii) The authorities concerned shall ensure strict compliance of the Para 22 Clause (ii) of the directions of the Division Bench of this Court dated 19.02.2024 made in W.P.Nos.33687 of 2023 etc., and any violation of the aforesaid directions will be seriously viewed by this Court.” - In the said directions, it has been specifically stated that the FIA Certificate to be issued by the authorities concerned shall be obtained on or before 12 Noon on 31.08.2024. The certificate issued by the FIA shall be communicated to the learned counsel for the petitioner through e-mail.
- The Division Bench has also stated that, “we also make it clear that failure to obtain the FIA certificate / licence within the time stipulated, the event shall not be conducted as per the schedule”.
- Only in this area, now the present petition has been filed to seek extension of time to get the certificate, instead of 12 Noon, by 6 pm on 31.08.2024.
- Though the learned Senior counsel appearing for the petitioner and the learned Additional Advocate General expressed hope that they would be able to get the certificate by 6 pm, having gone through the facts that have been projected before us, especially in the context of some additional rectification work being undertaken at one point of the race track, that instead of 6 pm, if any further delay is occasioned, up to what time such an extension shall be permitted for the petitioner to get such FIA certificate and to start with the car race by today itself, i.e., on 31.08.2024 is the question to be answered.
- In this context, we are of the considered view that at the most, extension of time can be given to the petitioner and the stake holders for getting the FIA Certificatate by 8 pm today, i.e., 31.08.2024 which shall be the maximum period time could be extended, beyond which, even if they are able to get the certificate, after
8 pm, it may not be possible for the petitioner and other stake holders to go ahead with the race as scheduled. The reason being that, as per the schedule already been announced, the free practice session would commence by 2.30 pm today and the Qualifying Race 1 would be started by 7 pm and the last leg of the race, i.e., Qualifying (Driver B) would be completed by 8.45 pm. - If at all this schedule has to be extended further or to be rescheduled, that cannot be stretched beyond 8 pm for starting the race apart from the practice session. Therefore this Court is not in a position to extend the time beyond 8 pm even if such need arises.
- In view of the above, the following orders are passed in this petition :
(i) That the time granted by this Court by the order, dated 29.08.2024 in para 11(i) that the FIA certificate to be issued by the authorities concerned and the same shall be obtained on or before 12 Noon on 31.08.2024, is further extended upto 8 pm on 31.08.2024, i.e., 20.00 Hours.
(ii) It is made clear that, if the petitioner and other stake holders shall be able to get the certification of FIA from the authorities concerned before 8 pm, after submitting a copy to the State, a copy of which shall also be marked by way of email to the learned counsel for the petitioner and immediately they can proceed to go ahead with the starting of the race. Instead if the petitioner and other stake holders are not able to get such FIA Certificate before 8 pm today, the race scheduled on 31.08.2024 shall be called of or deferred to some other day. - With these modification, the prayer sought for in this miscellaneous petition is ordered accordingly.
(R.S.K., J.) (P.B.B., J.)
31.08.2024
Index : Yes / No
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R.SURESH KUMAR, J and
P.B.BALAJI, J tsvn
W.M.P.No.28257 of 2024 in W.P.No.25228 of 2024
31-08-2024