C.Babu @ Kuruvibabu v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-10-2025
CORAM
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR C.Babu @ Kuruvibabu S/o.Chinnakannu, Rangasamy Compound, Annadhanapatty, Trichy Service Road, Salem-2.
..Petitioner Vs
1. The Superintendent of Police Salem District, Salem
2. The Superintendent of Police Erode District, Erode.
3. The Superintendent of Police Namakkal District, Namakkal.
..Respondents PRAYER - This Writ Petition (Crl.) is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus order or direction in the Nature of a Writ directing the respondents to give necessary permission to the petitioner for conducting Cock Fight Program during the festivals in Villages situated in Salem Erode and Namakkal District.
For Petitioner:
C.Prakasam For Respondents:
Mr.S.Santhosh Government Advocate (Crl. Side)
ORDER
This Writ Petition (Crl.) is filed seeking a direction to the respondents to give necessary permission to the petitioner for conducting Cock Fight Program during the festival in Villages situated in Salem, Erode and Namakkal Districts. 2.Heard the learned counsel on both sides and perused the entire materials on record.
3.This Court in an identical situation, has passed the following order on 25.11.2024 in W.P.No.31604 of 2024, wherein the relevant portion reads as follows:- "5. Considering the submissions made by the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents, the respondents are directed to consider the representation of the petitioner dated 01.10.2024. This Court also directs that 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 at the Temple festival in Sri Kaliyamman and Sri Mariyamman Thirukovil festivals situated at Konakapadi, Sempadampalayam Post, Omalur Taluk, Salem District, subject to the following conditions as mentioned by the Division Bench of this Court in the above order: (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 hoardings depicting particular community or leader is displayed.
(vii) No one is allowed to enter, except the owner of the birds which are going to participate in the event. (viii) Separate place to be allocated for the spectators. (ix) 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.
(x) It is also made clear that neither the petitioner, nor any of the parties/participants shall indulge in any gambling activities.
(xi) 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.
(xii) Further, if the above conditions are not followed strictly, during the cock-fight event and if there is any violation, it is open for the concerned Police to take action immediately in accordance with law. "
4.Taking into consideration the orders passed by this Court in W.P.No.31604 of 2024, this Writ Petition (Crl.) stands allowed. The petitioner is directed to conduct the above said program by strictly following the conditions imposed by this court in W.P.No.31604 of 2024. No costs. 03-10-2025 Index: Yes/No Speaking/Non-speaking order GSA
N.SENTHILKUMAR, J.
GSA To
1. The Superintendent of Police Salem District, Salem
2. The Superintendent of Police Erode District, Erode.
3. The Superintendent of Police Namakkal District, Namakkal.
W.P Crl. No. 996 of 2025 03-10-2025