L.Saravanan v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2026
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY L.Saravanan ...
Petitioner Vs.
1. The Superintendent of Police, Theni District.
Theni.
2. The Inspector of Police, Kadamalaikundu Police Station, Theni District.
...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in hims proceedings in Na.Ka.No.02/K,Ka/A/2026 dated 22.01.2026 and quash the same as illegal, consequently, directing the respondents to grant permission and necessary protection for conducting the ''Cock Fight'' on 28.02.2026 and 01.03.2026 at Kadamalaikunddu Village, Andipatti Taluk, Theni District in the event of Pongal Festival.
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For Petitioner : Mr.R.Karthick Rajan For Respondents : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side)
O R D E R
This Writ Petition has been filed for Writ of Certiorarified Mandamus, to quash the impugned proceeding issued by the 2nd respondent dated 22.01.2026 and also seeking direction to the respondents to grant permission and police protection for conducting 'Cock-Fight' on 28.02.2026 and 01.03.2026 at Kadamalaikunddu Village, Andipatti Taluk, Theni District, in the event of Pongal Festival.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl. Side) appearing for the respondent police and perused the materials available on record.
3. Through the impugned order dated 22.01.2026, the respondents refused permission and further stated that if the petitioner conducts any such 2/8
'Cock-Fight', appropriate criminal proceedings would be initiated against the petitioner. Aggrieved by the same, the present writ petition has been filed.
4. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondents submitted that the Commissioner of Animal Husbandry and Veterinary Services, by proceedings dated 06.01.2022, had clarified that only Jallikattu, Manjuvirattu, Erudu Vidum Vizha and Vadamadu events are permitted, and that Rekhla race, cockfighting, etc., are not permissible. In the present case, the petitioner is seeking permission to conduct a cock-fight, which does not fall under Jallikattu or the permitted events, and therefore the respondents have rejected the request.
5. This Court has already considered the very same issue in W.P.(Crl) (MD) No.2575 of 2025, by order dated 05.01.2026, wherein the matter was dealt with in detail.
''4.The contention of the petitioner is that 'Cock-Flight' is one of the customary festivals in Tamil Nadu and the same is conducted during the 'Thai Pongal' festival. Since it is a customary practice, 3/8
the petitioner seeks to continue the same.
5. Per contra, the respondents vehemently objected, stating that the Hon'ble Division Bench of this Court declined permission vide order dated 21.05.2014 in W.P.(MD) No.8040 of 2014. Following the same, a learned Single Judge of this Court also declined permission vide order dated 09.10.2025 in W.P.(MD) No.27950 of 2025. However, another Hon'ble Division Bench of this Court, vide order dated 29.04.2025 in W.P.(MD) No. 13048 of 2025, permitted the conduct of 'Kidaa-Muttu'. Since 'Cock-Flight' is stated to be similar in nature, the petitioner seeks similar permission.
6. Further, another learned Single Judge of the Principal Bench at Madras, vide order dated 15.04.2025 in W.P. No.13309 of 2025, had permitted the conduct of 'Cock-Flight'
7. Since there are inconsistent orders, the respondent police submitted that permission cannot be granted. However, the learned counsel appearing for the petitioner submitted that the Hon'ble Principal Bench passed an order dated 13.08.2025 in W.P. Nos. 25985, 25986 and 25987 of 2025 in the case of Gauri Maulekhi Vs. The Additional Chief Secretary, Home and five other, wherein the earlier order dated 21.05.2014 passed in W.P.(MD) No.8040 of 4/8
2014 was referred to, and appropriate directions were issued. The relevant paragraph Nos.3 to 5 are extracted hereunder: ...... " 3.The issue raised is with regard to the alleged cruelty on birds during the cock fight. Number of orders have been brought to the notice of this Court by learned Senior Counsel for the petitioners, including the decision in the case of S.Kannan V. The Commissioner of Police, Madurai City, Madurai and others, reported in 2014(3) CTC 676. 4. Learned State counsel prays for and is granted three weeks' time to file reply. 5.
Taking into consideration the earlier orders passed by this Court and the provisions contained in the Tamil Nadu Gaming Act, 1930 and the Prevention of Cruelty to Animals Act, 1960, it is directed that, in any event involving cocks, the provisions of the aforesaid Acts shall be scrupulously followed and neither any gaming will be allowed, nor any kind of cruelty by tying knives, blades or stitching of eyes or any such activity be allowed. It shall be the responsibility of the Police Administration to take appropriate action, if any such incident of violation is reported."
8. Following the same, the Director General of Police issued a 5/8
circular dated 28.08.2025, directing all police officials to scrupulously follow the said order without any deviation. On perusal of the same, it is seen that the Hon'ble Principal Bench directed that 'Cock-Flight' may be allowed, provided there is no gaming and no cruelty is involved, and that tying knives or blades or stitching eyes is strictly prohibited.
6. Therefore, this Court is inclined to dispose of this writ petition, subject to the following conditions:
(I) The Society for the Prevention of Cruelty to Animals (SPCA) shall assist during the conduct of 'Cock-fight'. (ii) The SPCA shall verify that no knives or blades are tied and that the cocks eyes not stitched in any manner. (iii) Only after such verification, the cocks may be permitted to participate in 'Cock-fight 6/8
7. With these directions, this writ petition is disposed of. The impugned order dated 22.01.2026 is hereby set aside. The respondents shall grant permission to the petitioner to conduct the Cock-fight on 28.02.2026 and 01.03.2026 at Kadamalaikundu Village, Antipatti Taluk, Theni District in the event of Pondgal Festival.
09.02.2026 Index : Yes / No Internet : Yes NCC : Yes / No msrm Note: Issue order copy on 10.02.2026 To
1. The Superintendent of Police, Theni District.
Theni.
2. The Inspector of Police, Kadamalaikundu Police Station, Theni District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 7/8
S.SRIMATHY, J msrm Order made in W.P.CRL.(MD)No. 660 of 2026 09.02.2026 8/8