Ramasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.7738 of 2024 Ramasamy ... Petitioner /vs./ 1.The District Collector, Karur District, Karur.
2.The Superintendent of Police, Karur District, Karur.
3.The Deputy Superintendent of Police, Karur District, Karur.
4.The Inspector of Police, Aravakuruchu Police Station, Karur District.
5.The Assistant Director of Animal Husbandry, Karur District.
(R5 has been suo motu impleaded vide order of this Court dated 26.03.2024) ... Respondents 1/7
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to grant permission to the petitioner to conduct Cock Fight as per the schedule dated 26.03.2024 and 27.03.2024 during festival of Arulmigu Sri Mariamman Temple at Sukkampatti, Eesanatham Village, Aravakuruchi Taluk, Karur by considering the petitioner's representation dated 20.03.2024. For Petitioner : Mr.N.Ananda Kumar For Respondents : Mr.M.Veeranthiran Government Advocate (Crl.side)
ORDER
The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition for issuance of Writ of Mandamus, seeking direction against the Respondents to grant the permission to the Petitioner to conduct Cock Fight on 26.03.2024 and 27.03.2024 in connection with the festival of Arulmigu Sri Mariamman Temple at Sukkampatti, Eesanatham Village, Aravakuruchi Taluk, Karur.
2.The learned Government Advocate (Criminal Side), on instructions of the Respondents, would submit that the representation of the Petitioner dated 2/7
20.03.2024 was rejected in due of the Lok Sabha election and the apprehension of the Respondent Police regarding gambling activities involving in the event and communal clash leading to law and order problem at the time of election. The learned Government Advocate (Crl.side) would further submit that the Director General of Police, Tamil Nadu / Head of State Police Force, Tamil Nadu had issued circular in RC.No.6898194/Crime 4(3)/2024 dated 13.03.2024 regarding conduct of events involving animals and birds across the State and they are ready to follow the aforesaid circular.
3.Considering the submission of the learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side), this Court directs the Petitioner to give a fresh representation by today itself, since the representation of the Petitioner was rejected earlier and the Respondents are directed to consider the same, by taking into consideration the Circular Memorandum dated 13.03.2024 issued by the Director General of Police, Tamil Nadu, / Head of State Police Force, Chennai - 600 004, in RC.No.6898194/Crime 4(3)/2024 for conducting cock fight event with regard to the Temple festival of Arulmigu Sri Mariamman Temple at Sukkampatti, Eesanatham Village, Aravakuruchi Taluk, 3/7
Karur scheduled to be held on 26.03.2024 and 27.03.2024, subject to the following conditions:
"(i) At the time of event, there should not be any betting, the cocks should not be intoxicated and no knives or blades should be tied around the legs of the cocks.
(ii) It is also made clear that neither the Petitioner nor any of the parties/participants shall indulge in any gambling activities. Also they will not involve in any breach of peace of communal clash. (iii) Also, the Organizers of the festival shall obtain permission from the fifth Respondent/Assistant Director of Animal Husbandry, Karur District. After obtaining permission, the fourth Respondent shall pass appropriate orders. (iv) The event shall be supervised by the Respondents as well as the Veterinary Doctor of near by Government Veterinary Hospital. (v) The Organizers of the event shall bear the expenses towards police protection as well as the expenses towards the Veterinary doctor. They shall enlist the youth of the village, where the festival is conducted as volunteers to maintain the peace. They shall not play music or use flex boards provoking the caste clashes.
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(vi) All the above terms and conditions should be followed by the Petitioner as well as the Organizers of the event and the Organizers of the event shall file an affidavit of undertaking to the said effect before the Respondents. Only on filing of such undertaking, the Respondent Police shall accord permission for conducting the event.
4.It is also made clear that the aforesaid conditions shall be strictly followed during the event and if there is any violation, it is open to the Respondent Police to take action immediately in accordance with law. 5.With the above directions, the Writ Petition is disposed of. No costs. 26.03.2024 Index : Yes / No Internet : Yes / No mm Note:
Issue order copy on 26.03.2024 5/7
TO:
1.The District Collector, Karur District, Karur.
2.The Superintendent of Police, Karur District, Karur.
3.The Deputy Superintendent of Police, Karur District, Karur.
4.The Inspector of Police, Aravakuruchu Police Station, Karur District.
5.The Assistant Director of Animal Husbandry, Karur District.
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SATHI KUMAR SUKUMARA KURUP , J.
mm Order made in W.P.(MD)No.7738 of 2024 Dated:
26.03.2024 7/7