Premnath v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)Nos.476, 1547 and 1619 of 2022 Premnath ... Petitioner in W.P.(MD)No.476 of 2022 Muthuraman ... Petitioner in W.P.(MD)No.1547 of 2022 P.Andavar ... Petitioner in W.P.(MD)No.1619 of 2022 -Vs1.The District Collector, Karur District, Karur.
2.The Superintendent of Police, Office of the District Superintendent of Police, Karur.
3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aravakurichi, Karur District.
... Respondents in W.P.(MD)No.476 of 2022
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Superintendent of Police, Tirunelveli District, Tirunelveli.
3.The Deputy Superintendent of Police, Valliyoor Range, Tirunelveli District.
4.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.
... Respondents in W.P.(MD)No.1547 of 2022 1.The Superintendent of Police, O/o. Superintendent of Police, Madurai District.
2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Melur, Madurai District.
3.The Inspector of Police, Melur Police Station, Madurai District.
4.The Sub-Inspector of Police, Melavalavu Police Station, Madurai District.
... Respondents in W.P.(MD)No.1619 of 2022 PRAYER in W.P.(MD)No.476 of 2022: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to ensure that no 'Cockfight' permission has grant in Pollamvalasu Village, Aravakurichi Taluk, Karur District in contravention of the prevention of Cruelty to Animals Act, 1960 and to pass appropriate order by considering the petitioner's representation dated 31.12.2021. PRAYER in W.P.(MD)No.1547 of 2022: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission and police protection for conducting cock fight (ntj;Jf;fhy; Nrty; rz;il) at Valliyoor Village, Tirunelveli District on 28.01.2022 from 06.00 a.m., to 06.00 p.m.
PRAYER in W.P.(MD)No.1619 of 2022: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to give permission and protection for conducting cock fight with empty legs on 31.01.2022, 01.02.2022, 02.02.2022 at Kidaripatti Village, Melur Taluk, Madurai considering the petitioner's representation dated 11.01.2022. For Petitioner : Mr.S.Sukumar For R1 : Mr.P.Thilak Kumar, Government Pleader For R2 and R3 : Mr.T.Senthil Kumar, Additional Public Prosecutor (In W.P.(MD)No.476 of 2022) For Petitioner : Mr.S.Pakalavan For R1 : Mr.P.Thilak Kumar, Government Pleader For R2 to R4 : Mr.T.Senthil Kumar, Additional Public Prosecutor (In W.P.(MD)No.1547 of 2022) For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor (In W.P.(MD)No.1547 of 2022)
COMMON ORDER [Order of the Court was made by D.KRISHNAKUMAR, J.] Today, when these Writ Petitions were taken up for hearing, the learned Government Pleader has drawn the attention of this Court by placing the following decisions:- (i)S.Kannan Vs. The Commissioner of Police, Madurai City, Madurai and others reported in 2014 (3) CTC 676; (ii)Subramani Vs. The District Collector, Dindigul District and others reported in 2016 SCC Online Mad 8157;
(iii)S.Vadivel Vs. The District Collector, Dindigul District and others reported in 2016 SCC Online Mad 7775;
(iv)E.Seshan Vs. The Union of India and others reported in 2016 SCC Online Mad 16041; and (v)A.Sadhanraj Vs. The Inspector of Police, Alangulam Police Station, Tirunelveli District reported in 2017 SCC Online Mad 20092. and submitted that in the aforesaid decisions, it is clearly stated that the cock-
fight is not recognized under the law and no permission is granted to conduct cock-fight.
2.Considering the facts as well as taking note of the aforesaid decisions, the prayer sought for in the Writ Petitions has become infructuous. Accordingly, these Writ Petitions are dismissed as infructuous. No costs. [D.K.K., J.] & [R.V., J.] 21.12.2022 (2/2) Index : Yes / No Internet : Yes / No Myr To 1.The District Collector, Karur District, Karur.
2.The Superintendent of Police, Office of the District Superintendent of Police, Karur.
3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aravakurichi, Karur District.
4.The District Collector, Tirunelveli District, Tirunelveli.
5.The Superintendent of Police, Tirunelveli District, Tirunelveli.
6.The Deputy Superintendent of Police, Valliyoor Range, Tirunelveli District.
7.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.
8.The Superintendent of Police, O/o. Superintendent of Police, Madurai District.
9.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Melur, Madurai District.
10.The Inspector of Police, Melur Police Station, Madurai District.
11.The Sub-Inspector of Police, Melavalavu Police Station, Madurai District.
D.KRISHNAKUMAR, J.
AND R.VIJAYAKUMAR , J.
Myr W.P.(MD)Nos.476, 1547 and 1619 of 2022 21.12.2022 (2/2)