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Madras High CourtWP/1180/2023disposed of

K.Saravanan v. The Superintendent Of Police

2023-02-08Honourable Mr Justice G. Chandrasekharan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P.No.1180 of 2023 K.Saravanan ... Petitioner Vs.

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

2. The Inspector of Police, Thiruvalangadu Police Station, Thiruvallur District. ...Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a writ of mandamus directing the respondents to grant permission and police protection for conducting ''Cock Fight'' at Kalambakkam Village situated in Thiruvalangadu block, Tiruttani Taluk, Thiruvallur District on 25th and 26th February 2023 by considering the representation dated 13.12.2022.

For Petitioner : Mr.D.Benington For Respondents : Mr.S.Santhosh Government Advocate (Crl. Side)

O R D E R

Writ Petition is filed directing the respondents to grant permission and police protection for conducting ''Cock Fight'' in the event of celebration of 70th birthday of Hon'ble Chief Minister of Tamil Nadu Mr.M.K.Stalin in Kalambakkam village situated in Thiruvalangadu block, Tiruttani Taluk, Thiruvallur District on 25th and 26th February 2023 by considering the petitioner's representation dated 13.02.2023.

2. The learned Government Advocate (Crl. Side) submitted that the request of the petitioner's representation dated 13.12.2022 will be considered. 3.The petitioner is seeking permission and police protection for conducting Cock Fight for the celebration of 70th birthday of Hon'ble Chief Minister of Tamil Nadu Mr.M.K.Stalin on 25.02.2023 and 26.02.2023. 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 has sent representation dated 13.12.2023 to the respondents. Since the respondents have not passed any order, the petitioner has come out with the present writ petition.

4.Learned counsel appearing for the petitioner relied on the orders passed

by this Court dated (1) 09.01.2023 made in W.P..No.592 of 2023 and (2) 12.01.2023 made in WP.No.908 of 2023 prayed that permission may be granted for conducting cock fight by imposing certain conditions. 5.Learned Government Advocate (Crl.side) 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 representation of the petitioner and pass appropriate orders.

6. Considering the above submissions made by the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl. Side) appearing for the respondents, the respondents are directed to consider the representation of the petitioner dated 13.12.2023 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 celebration of 70th birthday of Hon'ble Chief Minister of Tamil Nadu Mr.M.K.Stalin on 25.02.2023

and 26.02.2023 at Thiruvalangadu block, Tiruttani Taluk, Thiruvallur District subject to the 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 pre~cautionary 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)The petitioner volunteers to donate a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to Andhra Mahila Sabha, Iswari Prasad Dattatreya Orthopaedic Centre, Chennai and payment of proof shall be produced before the respondents.

(viii)No one is allowed to enter the arena, 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.

7. 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. 8.With the above directions, the writ petition is disposed of. No costs. 08.02.2023 tsh To

1. The Superintendent of Police, Thiruvallur District.

2. The Inspector of Police, Thiruvalangadu Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN, J.

tsh W.P. No.1180 of 2023 08.02.2023.