Baskar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Baskar ... Petitioner vs.

1.The District Collector, Sivagangai District.

2.The Superintendent of Police, Sivagangai District.

3.The Assistant Director, Animal Husbandry Department, Sivagangai District.

4.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

5.The Inspector of Police, Karaikudi South Police Station, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records 1/6

pertaining to the rejection order dated 23.04.2025 by the fifth respondent and quash the same and consequently direct the respondents to grant permission and protection for conducting the 'Kidaa-Muttu' event on 15.06.2025 in connection with Temple festival at Sri Thiruvengkatamudaiya Perumal Thirukovil, Ariyakudi Village, Karaikudi, Sivagangai District.

For Petitioner : Mr.S.Baskar Mathuram For RR 1 & 3 : Mr.P.Thilak Kumar Government Pleader For RR 2, 4 & 5 : Mr.A.Albert James Government Advocate (Criminal 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 fifth respondent, dated 23.04.2025 and for a consequential direction to the respondents to grant permission to conduct Kidamuttu cultural event on 15.06.2025.

2. A similar writ petition was filed before this Court praying for a direction to conduct Kida Muttu, in WP(MD)No.528 of 2022 and this Court disposed of the said writ petition on 11.01.2022. The relevant paragraphs are extracted hereunder:

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"6.This Court, in Similar circumstances, allowed W.P. (MD).No.10771 of 2013 by order dated 05.07.2013 permitting cockfight, 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 'KidaMuttu', 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.

(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 3/6

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."

3. Therefore, following the same, the writ petition is disposed of and the impugned order dated 23.04.2025 passed by the fifth respondent is hereby set aside. The fifth 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 of 2022 except Covid-19 protocol. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 29.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Sivagangai District.

2.The Superintendent of Police, Sivagangai District.

3.The Assistant Director, Animal Husbandry Department, Sivagangai District.

4.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

5.The Inspector of Police, Karaikudi South Police Station, Sivagangai District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 29.04.2025 6/6