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Madras High CourtWP/414/2025disposed of

R.Kunasekarn v. Police Department

2025-01-08Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08.01.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN -- R.Kunasekrn .. Petitioner Vs.

1. The Superintendent of Police, Erode, Erode District.

2. The State, rep. by The Inspector of Police, Anthiyur Police Station, Anthiyur, Erode-638 501.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to grant permission and Police protection for conducting "Cock Fight" event during Pongal Festival day on 09.01.2025 to 13.01.2025 at Rasankulam, Anthiyur Village, Anthiyur Taluk, Erode District.

For petitioner : Mr.D.Nandhagopal For respondents: Mr.S.Sugendran, Addl.P.P.

ORDER

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to grant permission and Police 1 / 5

protection for conducting "Cock Fight" event during Pongal Festival day on 09.01.2025 to 13.01.2025 at Rasankulam, Anthiyur Village, Anthiyur Taluk, Erode District.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. It is seen that the petitioner is regularly conducting cock fight and as such, they have also given a representation to the respondents and so far, they have not received any reply from the respondents. The petitioner is apprehending as to whether they obtained the permission or not, for conducting cock fight. Therefore, the petitioner has approached this Court for direction to grant permission and Police protection for conducting cock fight event.

4. This Court, has already in similar situation, in W.P.No.31415 of 2017, by order dated 04.01.2018, granted Police protection and the same conditions are hereby granted for the present case:

(i) It is made clear that such an event shall be supervised by the first respondent as well as by the Veterinary Doctor of near-by Government Veterinary Hospital.

(ii) It is further made clear that during the course of conducting cock fight, there should not be any injury caused to the birds and the birds should not be intoxicated, with any alcoholic substance and no knives should be tied around the legs of the birds, with the tip of the knives dipped in poisonous substances. 2 / 5

The Veterinary Doctor shall ensure the same before the actual starting of the event.

(iii) The petitioner shall bear the expenses towards Police protection as well as the expenses towards the Veterinary Doctor. (iv) It is made clear that the organiser should take precautionary measures to avoid any untoward incident while conducting the event of cock fight. (v) Songs praising communal leader or having communal overtones should not be played.

(vi) The petitioner will ensure that no flex board or hoardings depicting particular community or leader is displayed.

(vii) All the above terms and conditions should be followed scrupulously by the petitioner and the petitioner shall file an affidavit of undertaking to the said effect before the second respondent.

(viii) The petitioner volunteers to donate a sum of Rs.5,000/- (Rupees five thousand only) to any one of the orphanages in the District and payment of proof shall be produced before the second respondent. (ix) No one is allowed to enter, except the owner of the birds which are going to participate in the event.

(x) There should be a separate place allocated for the spectators. (xi) According to the conditions, eligible birds are only allowed to participate in the event. If there is any certain objections being raised, it is taken 3 / 5

to the concerned Police office to take a decision.

5. It is made clear that the aforesaid conditions shall be strictly followed by the petitioner and his group in all the days of the event and in the entire function, if there is any violation of the above conditions, is reported, the respondentsPolice are at liberty to take appropriate action against the petitioner and his group.

6. With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs. 08.01.2025 Office to note: Issue order copy immediately cs To

1. The Superintendent of Police, Erode, Erode District.

2. The State, rep. by The Inspector of Police, Anthiyur Police Station, Anthiyur, Erode-638 501.

3. The Public Prosecutor, High Court, Madras. 4 / 5

P.VELMURUGAN, J cs 08.01.2025 5 / 5