Diwakar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL Diwakar ... Petitioner Vs.
1. The District Collector Theni District, Theni
2. The Superintendent of Police Theni, Trichy District
3. The Deputy Superintendent of Police Bodinayakanur Theni District
4. The Inspector of Police Chinnamanoor Police Station Theni District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 3rd respondent in his proceedings in Na.Ka.No.03/Kaa.Aa.a.c, Kaa.va/2025 dated 17.02.2025 1/6
and quash the same as illegal arbitrary and in violation of Principles of natural justice and consequently direct the respondents to give permission and adequate police protection to conduct cock fight (Without Knife) on 18.04.2025 and 19.04.2025 at Muthalapuram Village, Uthamapalayam Taluk, Theni District. For Petitioner : Mr.S.Shanmugam For Respondents : Mr. M.Senthil Ayyanar No.1 Government Advocate Nos.2 to 4 : Mr. R.M.Anbunithi Government Advocate(Crl.Side)
ORDER
This Writ Petition has been preferred to quash the impugned order passed by the 3rd respondent in his proceedings in Na.Ka.No. 03/Kaa.Aa.a.c, Kaa.va/2025 dated 17.02.2025 an quash the same as illegal and consequently direct the respondents to grant adequate police protection to conduct cock fight (Without Knife) on 18.04.2025 and 19.04.2025 at Muthalapuram Village, Uthamapalayam Taluk, Theni District.
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2. The learned counsel appearing for the petitioner would submit that the petitioner is the villager of Muthulapuram and the villagers used to conduct festival for a famous temple namely Arulmighu Sri Muthalamman Thirukovil in the month of Chithirai of every Tamil montsh. This year they decided to conduct festival on 18.04.2025 and 19.04.2025, whileso they decided to conduct cock fight without knife, therefore they have approached the fourth respondent for permission to conduct cock fight through representation dated 15.02.2025 but the same was rejected on the ground that the entire villagers would gather there and thereby law and order issue would arise. The above said reason is not a valid ground to reject the permission, thereby the order passed by the fourth respondent in declining permission for cock fight will is liable to be set aside.
3. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that the petitioner has sent a representation dated 15.02.2025 for conducting cock fight without knife on 18.04.2025 and 19.04.2025 but the same was rejected by assigning 3/6
reasons that all the peoples would gather in that particular place and thereby law and order issue would arise, therefore they declined to grant permission, hence the petition is liable to be dismissed.
4. Heard both sides and perused the materials available on record.
5. This petition has been filed to quash the impugned order passed by the third respondent by declining permission to grant permission for conducting cock fight on 18.04.2025 and 19.04.2025 in Arulmighu Sri Muthalamman Thirukovil. The respondent police rejected the same on the ground that there are chances for law and order issue. This Court perused the impugned order passed by the Sub Inspector of Police, Chiannamaur Police Station. The petitioner has sent a representation to the Superintendent of Police, District Collector and others but the impugned order was passed by the Sub Inspector of Police but he is not a party to the proceedings. Therefore the order passed by the Sub Inspector of Police warrants to interference. However the petitioner is at liberty to approach the Deputy Superintendent of Police by way of fresh representation.
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6. With the above observation the Writ Petition stands dismissed. No costs.
01.04.2025 NCC : Yes / No Index : Yes / No aav To
1. The District Collector Theni District, Theni
2. The Superintendent of Police Theni, Trichy District
3. The Deputy Superintendent of Police Bodinayakanur Theni District
4. The Inspector of Police Chinnamanoor Police Station Theni District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL, J.
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