Ganesan.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Ganesan ... Petitioner Vs.

1.The District Collector, Collectorate, Sivagangai-630 562.

2.The Superintendent of Police, Superintendent of Police Office, Sivagangai-630 561.

3.The Inspector of Police, Thiruvengampathu Police Station, Sivagangai-630 048.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to grant permission to "Kida Muttu Festival" and necessary protection to perform the Kida Muttu at Uruthikottai Thidal, Thittukottai Village, Near Puliyadithammam, Devakottai Taluk, Sivagangai District on 29.05.2023 from 08.00 a.m., to 03.00 p.m., by considering the petitioner's representation dated 03.05.2023. 1/6

For Petitioner :Mr.R.Rajeshkumar For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

Heard the learned counsel appearing on either side.

2. The petitioner wants to hold the petition mentioned event on 29.05.2023. The request is opposed by the learned Special Government Pleader on the ground that in the village in question, a murder had recently taken place, but there is nothing on record to show that the murder is linked to the petition mentioned event. We therefore are not swayed by the objection advanced by the learned Special Government Pleader.

3. Learned counsel for the petitioner draws our attention to the order dated 11.01.2022 made in W.P.(MD).No.528 of 2022 filed by an association. In the said order, the following directions had been incorporated:

2/6

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 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. 3/6

(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 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.

4/6

4. We direct the third respondent to issue proceedings permitting the petitioner to hold the event by incorporating appropriate conditions as mentioned above.

5. Accordingly, the writ petition stands allowed. There shall be no order as to costs.

[G.R.S.,J.] [S.S.Y.,J.] 11.05.2023 Index :Yes/No Internet :Yes/No NCC :Yes/No Vsm/Sbn To 1.The District Collector, Collectorate, Sivagangai-630 562.

2.The Superintendent of Police, Superintendent of Police Office, Sivagangai-630 561.

3.The Inspector of Police, Thiruvengampathu Police Station, Sivagangai-630 048.

5/6

G.R.SWAMINATHAN, J.

AND S.SRIMATHY, J.

Vsm/Sbn 11.05.2023 6/6