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Madras High CourtWP/17380/2025disposed of

D.Krishnakumar v. The Inspector Of Police

2025-05-08Honourable Mrs Justice L.Victoria Gowri6 pages

2025:MHC:1157

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.No.19702 of 2025 D.Krishnakumar ... Petitioner Vs.

The Inspector of Police, Muthu Nagar Police Station, Cuddalore 607 003.

... Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to call for the records of respondent vide in his proceedings Na.Ka.No.14/2025 dated 27.04.2025 and quash the same and consequently, directing the respondent to grant permission and police protection to conduct "Cock Fight" in the event of Celebrating The Former Chief Minister Of Tamilnadu Dr.Karunanidhi Birthday at Kannaraipettai Muthalamman Thirumana Mandabam, Cuddalore District on 14.06.2025, 15.06.2025 between 07.00 a.m to 05.00 p.m.

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For Petitioner : Mr.K.Thenrajan For Respondent : Mr.K.M.D.Muhilan, Additional Public Prosecutor

ORDER

This writ petition has been filed seeking to call for the records of respondent vide in his proceedings Na.Ka.No.14/2025 dated 27.04.2025 and quash the same and consequently, directing the respondent to grant permission and police protection to conduct "Cock Fight" in the event of Celebrating The Former Chief Minister Of Tamilnadu Dr.Karunanidhi Birthday at Kannaraipettai Muthalamman Thirumana Mandabam, Cuddalore District on 14.06.2025, 15.06.2025 between 07.00 a.m to 05.00 p.m.

2. The learned counsel for the petitioner submitted that this Cock Fight in the event of Celebrating The Former Chief Minister Of Tamilnadu Dr.Karunanidhi Birthday at Kannaraipettai Muthalamman Thirumana Mandabam, Cuddalore District on 14.06.2025, 15.06.2025 between 07.00 a.m to 05.00 p.m. and earlier, similar writ petition was filed and permission was granted and the event was conducted without giving rise to any law and order problem. The learned counsel submitted 2/6

that even this time, it will be conducted in a smooth manner without causing any law and order problem.

3. Per contra, the learned Additional Public Prosecutor on written instructions from the respondent submitted that there is a reasonable apprehension that a law and order problem will be created. The learned Public prosecutor submitted that such law and order problem is anticipated since many who participate in the event will be under the influence of alcohol and that there is also a likelihood of community clash.

4. The learned counsel for the petitioner submitted that the petitioner will ensure that no law and order problem is created and that the petitioner must be permitted to conduct the Cock fight as was done in the previous years.

5. Taking into consideration the facts and circumstances of the case and after carefully considering the apprehension that was raised by the respondent police, this Court is inclined to grant permission for 3/6

conducting the cock fight for two days i.e on 14.06.2025 and 15.06.2025 subject to the following conditions :- (i) It is made clear that such an event shall be supervised by the first respondent as well as by the Veterinary Doctor of nearby 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 hoardings depicting particular community or leader is displayed.

(vii)All the above terms and conditions should be 4/6

followed scrupulously by the petitioner and the petitioner shall file an affidavit of undertaking to the said effect before the second respondent.

(viii)No one is allowed to enter, except the owner of the Birds which are going to participate in the event. (ix) There is a separate place allocated for the spectators.

(x) According to the conditions, eligible birds are only allowed to participate in the event. If there are any objections being raised, it is left open to the concerned police officer to take a decision.

(xi) If at any time, any law and order problem is created, it will always be left open to the 2nd respondent to abruptly stop the entire event and take action against the concerned persons in accordance with law.

6. This writ petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 08.05.2025 Index : Yes/No rna L.VICTORIA GOWRI,J.

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rna To 1.The Inspector of Police, Muthu Nagar Police Station, Cuddalore 607 003.

2.The Public Prosecutor, High Court of Madras, Chennai.

and W.M.P.No.19702 of 2025 08.05.2025 6/6