HC gives interim custody of rekla oxen to class II legal heir

Madurai: The Madurai bench of the Madras high court modified an order of the judicial magistrate court in Devakottai in Sivaganga district and gave interim custody of two rekla oxen (the property) seized by the police in March this year to Anandan, father of the oxen's owner.
The Devakottai police had registered a case against 19 people, including Ananthan's son Raja alias Rajaram, for the alleged offence of cruelty to the oxen by using them in rekla races.The police seized the rekla cart and the oxen. Later, Raja died due to illness. His father claimed the oxen by filing a petition before the judicial magistrate court, which passed an order on April 1 this year giving interim custody of the oxen to a special home for cattle at Manamadurai in Sivaganga district.
As per the Hindu Succession Act, class I heirs - widow, children and mother of the deceased - could claim the property (oxen). As the father comes under class II legal heirs, he was not given custody of the oxen.
Seeking to set aside the order of the judicial magistrate, Anandhan filed a criminal revision petition before the Madurai bench. He argued the case himself as advocates were boycotting the court proceedings since June 29.
Justice P Devadass heard the case and passed the order modifying the judicial magistrate's order.
The judge said Raja's wife and daughter, who are the class I heirs, had given a no-objection certificate to Anandan and admittedly there was no allegation that either the accused Raja, who is no more, and the petitioner had ever attempted to slaughter the oxen.
"In this area, it is a matter of common knowledge whether the villagers eat or not, they will give good food to rekla oxen so that the latter shall win the race, bring name and fame to the family. They worship the bull as god. Thus, there need not be any apprehension that the oxen will be axed. The petitioner loves the oxen like his children. He assures care of the oxen which have become their family members," said the judge.
Accordingly, the judge favoured the petitioner by giving interim custody of the oxen with some conditions.
The petitioner should also execute a personal bond for Rs 3 lakh to the satisfaction of the magistrate and produce the oxen before the magistrate court as and when required.