Thangamuthu.V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Thangamuthu ... Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Superintendent of Police, Office of the Superintendent of Police, 3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Uthamapalayam Sub-Division, 4.The Inspector of Police, Uthamapalayam Police Station, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to grant permission and protection for conducting Cock-Fight with empty legs on 17.01.2022. For Petitioner : Mr.S.Malaikani For Respondents : Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side)

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl.) appearing for the respondents.

2. The petitioner wants to conduct the petition mentioned event. The petitioner placed reliance on the orders passed in W.P. 1/3

(MD)Nos.1530 of 2019 and W.P.(MD)No.679 of 2021 issued in this regard.

3. The learned Government Advocate (Crl. Side) opposes the prayer primarily on two grounds (I) prevalence of the pandemic (II)non mentioning of the place where the event is to be held.

4. The petitioner's counsel gives an undertaking that the cock fight will be conducted in such a manner that the birds participating in the event will not suffer any injury and that no knife or blade will be tied to the legs of the birds. This undertaking given by the petitioner through his counsel is placed on record. Since the position that may obtain in the coming days is quite uncertain, I am not in a position to give a positive direction straight away by relying on the earlier orders of this Court.

5. Therefore, I direct the third respondent to consider the petitioner's representation on merits and in accordance with law and dispose it of on or before 15.01.2022.

6.This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (P & A) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The District Collector, Office of the District Collector, 2.The Superintendent of Police, Office of the Superintendent of Police, 2/3

3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Uthamapalayam Sub-Division, 4.The Inspector of Police, Uthamapalayam Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.MALAIKANI, Advocate ( SR-912[F] dated 10/01/2022 ) 07.01.2022 AP (12.01.2022) 3P 7C 3/3