M.Munsamy @ Chinnapaiyan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS. JUSTICE R.HEMALATHA Writ Petition No.592 of 2023 M.Munusamy @ Chinnapaiyan .. Petitioner Vs.
1.The Superintendent of Police Tiruvallur District Tiruvallur.
2.The Inspector of Police Law and Order R.K.Pettai Police Station Tiruttani Taluk Tiruvallur District.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to grant permission and police protection for conducting "Cock Fight" at Valakkanampoodi Pudur Village, opposite to Thoppalamman Kovil, R.K.Pettai, Tiruvallur District on 17th, 18th, 19th January 2023.
For Petitioner : Mr.M.S.Palaniswamy For Respondents : Mr.E.Vijay Anand Additional Government Pleader
O R D E R
1/8
(Order of the Court was delivered by V.M.VELUMANI,J.) Writ Petition is filed directing the respondents to grant permission and police protection for conducting "Cock Fight" event during Pongal festival days on 17th, 18th, 19th January 2023 at Valakkanampoodi Pudur Village, opposite to Thoppalamman Kovil, R.K.Pettai, Tiruvallur District. 2.By consent of both the learned counsel appearing for the petitioner as well as Mr.E.Vijay Anand, learned Additional Government Pleader, who takes notice for the respondents, the writ petition is taken up for final disposal at the stage of admission itself. 3.Heard the learned counsel appearing for the petitioner as well as Mr.E.Vijay Anand, learned Additional Government Pleader appearing for the respondents and perused the entire materials on record. 4.According to the petitioner, the petitioner along with a group of persons constituted a committee in their village, who conduct the birth day celebrations of the late Chief Minister Puratchi Thalaivar Dr.M.G.Ramachandran, for every year. In order to mark the said 2/8
function, they organise 'cock fight', which is the traditional game during the Pongal festival. The said 'cock fight' is one of the ancient festival game being organised or conducted in temple festivals and other festivals in the country side. The petitioner has also stated that animals or birds will not be harmed and it is simply a traditional event for farmers. Each and every year, they conduct 'cock fight' peacefully. The petitioner and his group has organised the 'cock fight' this year also during 17.01.2023 to 19.01.2023 and for the said purpose in order to get permission and police protection, the petitioner has sent representations dated 28.12.2022 and 02.01.2023 to the respondents. Since the respondents have not passed any order, the petitioner has come out with the present writ petition. 5.Learned counsel appearing for the petitioner relied on the orders passed by this Court dated (i) 08.01.2013 made in W.P.No.635 of 2013,
(2) 10.03.2017 made in W.P.No.5687 of 2017 and (3) 04.01.2018 made in W.P.No.31415 of 2017 and prayed that permission may be granted for conducting cock fight by imposing certain conditions. The learned counsel appearing for the petitioner on instructions from the petitioner, who is present before this Court today submitted that the petitioner is ready to pay a sum of Rs.30,000/- (Rupees Thirty Thousand Only) to any 3/8
orphanage.
6.Learned Additional Government Pleader appearing for the respondents submitted that at the time of event, there should not be any betting, the cocks should not be intoxicated and no knives should be tied around the legs of the cocks. He further submitted that respondents would consider the representations of the petitioner and pass appropriate orders.
7.Considering the above submissions made by the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents, the respondents are directed to consider the representations of the petitioner dated 28.12.2022 and 02.01.2023 taking into consideration the Circular Memorandum dated 09.04.2019 issued by the Director General of Police, Tamil Nadu, Chennai-600 004, in Rc.No.007301/Genl-1(1)/2019 enumerating the directions for sports events and grant permission and give police protection for conducting cock fight event during 17.01.2023 to 19.01.2013 at Valakkanampoodi Pudur Village, opposite to Thoppalamman Kovil, R.K.Pettai, Tiruvallur District, subject to the 4/8
following conditions:
(i) It is made clear that such an event shall be supervised by the respondents as well as 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 to be 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. 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 organizer 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 5/8
hoardings depicting particular community or leader is displayed.
(vii)The petitioner volunteers to donate a sum of Rs.30,000/- (Rupees Thirty Thousand only) to Prasanthi Old Age Welfare Home, Chennai and payment of proof shall be produced before the respondents.
(viii)No one is allowed to enter, except the owner of the birds which are going to participate in the event. (ix) Separate place to be allocated for the spectators. (x) According to the conditions, eligible birds are only allowed to participate in the event. If there is any certain objections being raised, it is to be taken to the concerned Police Station to take a decision.
(xi) It is also made clear that neither the petitioner nor any of the parties/participants shall indulge in any gambling activities.
(xii)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 respondents.
6/8
8.It is made clear that aforesaid conditions shall be strictly followed during the event and if there is any violation, it is open to the respondent police to take action immediately in accordance with law. 9.With the above directions, the writ petition is disposed of. No costs.
(V.M.V., J) (R.H., J) 09.01.2023 kj / krk Index : Yes/No : Yes/No Note:Issue order copy on 09.01.2023 To 1.The Superintendent of Police Tiruvallur District Tiruvallur.
2.The Inspector of Police Law and Order R.K.Pettai Police Station Tiruttani Taluk Tiruvallur District.
V.M.VELUMANI,J.
7/8
and R.HEMALATHA,J.
Kj / krk Writ Petition No.592 of 2023 09.01.2023 8/8