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Madras High CourtWP(MD)/31534/2024disposed of

V.Saravanakumar v. The Inspector Of Police

2025-01-03Honourable Mr Justice M. Nirmal Kumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and WMP(MD) No.26414 of 2024 V.Saravanakumar ... Petitioner Vs The Inspector of Police, Andipatti Police Station, Theni District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the respondent dated 16.12.2024 and quash the same and consequently direct the respondent to permit the petitioner to conduct Cock Fight without Knife scheduled to be held on 19.01.2025.

For Petitioner : Mr.J.Dinesh For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/6

ORDER

This Writ Petition has been filed challenging the impugned order of the respondent, dated 16.12.2024 and to direct the respondent to permit the petitioner to conduct Cock Fight without Knife scheduled to be held on 19.01.2025.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner had given a representation for conducting Cock Fight on 16.12.2024 and the same was rejected by the respondent, since there is a direction from the Director General of Police, Tamil Nadu / Head of State Police Force, Tamil Nadu 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 and that the writ petitioner may be permitted to give fresh representation and that they are ready to consider the same.

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4. The learned counsel appearing for the writ petitioner would submit that this Court has already dealt with the similar issue in W.P(MD) No.24385 of 2024. Hence, prays to pass a similar order and he would ready to comply with the conditions therein.

5. Considering the submissions made on either side and taking note of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to give a fresh representation before the respondent and on receipt of the same, the respondent is directed to consider the writ petitioner's representation, 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 schedule to be held on 19.01.2025 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 writ petitioner nor any of the parties/participants shall indulge 3/6

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 Assistant Director of Animal Husbandry of the District concerned. After obtaining permission, the respondent shall pass appropriate orders. (iv) The event shall be supervised by the concerned police 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.

(vi) All the above terms and conditions should be followed by the writ 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 respondent. Only on filing of such undertaking, the respondent shall accord permission for conducting the event.

6. 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.

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7.With the above directions, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. 03.01.2025 NCC: Yes/No Index: Yes/No Internet : Yes/No Note: Issue order copy on 06.01.2025 PNM To 1.The Inspector of Police, Andipatti Police Station, Theni District.

2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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M.NIRMAL KUMAR, J.

PNM ORDER IN and WMP(MD) No.26414 of 2024 03.01.2025 6/6