Thangapandi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 21/03/2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.7450 of 2025 Thangapandi ... Petitioner Vs
1. The District Collector, Madurai, Madurai District..
2. The Superintendent of Police, Madurai, Madurai District..
3. The Deputy Superintendent of Police, Usilampatti, Madurai..
4. The Inspector of Police, Elumalai Police Station, Madurai District..
... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of impugned order passed by the 4th respondent in 1/7
Na.Ka.No. 11/Kaa.Aaa/Ye.Va.A/2025 dated 10.03.2025 and quash the same as illegal and arbitrary and consequently direct the respondents to grant permission and accord protection to conduct Kitta-Muttu (Goat Fight) event schedule to be held on 21.04.2025 at 7.00 a.m to 2.00 p.m., at a ground belongs to Thavamani situated at Kodanginayakkanpatti Village, Usilampatti Taluk, Madurai District. For Petitioner : Mr.M.Subash Babu Senior counsel for M/s.Subash Associates For Respondents : Mr.P.Thilak Kumar for R1 Government Pleader Mr.A.Albert James for R2 to R4 Government Advocate (Crl. side)
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The writ petition has been filed challenging the impugned rejection order of the 4th respondent and for a consequential direction to the respondents to grant permission and accord protection to conduct KittaMuttu (Goat Fight) event scheduled to be held on 21.04.2025 from 7.00 a.m to 2.00 p.m., at a ground belonging to one Thavamani, situated at Kodanginayakkanpatti Village, Usilampatti Taluk, Madurai District. 2/7
2. A similar writ petition was filed before this Court praying for a direction to conduct Kida Muttu, in WP(MD) No.528/2022 and this Court disposed of the said writ petition on 11.01.2022. The relevant paragraphs are extracted hereunder:
6.This Court, in Similar circumstances, allowed W.P.(MD).No.10771 of 2013 by order dated 05.07.2013 permitting cock-fight, imposing certain conditions. Following the said order, the second respondent is directed to grant permission to the petitioner to conduct 'Kida-Muttu' event on 22.01.2022 at Mamarthupatti, Madurai District, subject to the following conditions:- "(i) The 'Kida-Muttu' event to be held on 22.01.2022 shall be supervised by the third respondent as well as by the Veterinary Doctor of nearby Government Veterinary Hospital.
(ii) During the course of conducting 'Kida-Muttu', it is to be ensured that there should not be any injury caused to the goats, involving in the event, and the goats should not be intoxicated with any alcoholic 3/7
substance and to knives should be tied around the legs, horns of the goats, with the tip of the knives dipped in poisonous substances. The Veterinary Doctor shall ensure the same before 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 organizers should take all precautionary measures to avoid any untoward incident while conducting the event of 'Kida-Muttu'.
(v) The second respondent while issuing the proceedings permitting the holding of the event shall stipulate appropriate conditions for adhering to Covid-19 protocol. I make it clear that the order has been passed in this writ petition based on the position obtaining today. It is of-course open to the second respondent to take a call, if any further lock down 4/7
restriction is imposed by the Government.
(vi) 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 second respondent.
4. Therefore, following the same, the writ petition is disposed of and the impugned order passed by the 4th respondent is hereby set aside. The fourth respondent is directed to issue proceedings permitting the petitioner to hold the event by incorporating appropriate conditions as extracted above from WP(MD) No.528/2022 except Covid-19 protocol. There shall be no order as to costs.
[J.N.B.,J] [S.S.Y.,J] 21.03.2025 NCC : Yes/No Index : Yes/No RR 5/7
To
1. The District Collector, Madurai, Madurai District..
2. The Superintendent of Police, Madurai, Madurai District..
3. The Deputy Superintendent of Police, Usilampatti, Madurai..
4. The Inspector of Police, Elumalai Police Station, Madurai District.
6/7
J.NISHA BANU, J AND S.SRIMATHY, J.
RR
ORDER
IN WP(MD) No.7450 of 2025 Date : 21/03/2025 7/7