Madras High Court
Premkumar vs The Superintendent Of Police on 2 April, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.11817 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.11817 of 2025
and W.M.P.No.13383 of 2025
Premkumar ... Petitioner
Vs
1. The Superintendent of Police,
Tiruvallur District, Tiruvallur.
2. The Inspector of Police,
Mappedu Police Station,
Tiruvallur District.
3. The Sub Inspector of Police,
Mappedu Police Station,
Tiruvallur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of Writ of Certiorarified Mandamus,
calling for the records related to the impugned order passed by the third
respondent in letter dated 18.03.2025 and quash the same and
consequently directing the respondents to grant permission and police
protection for conducting cock fight programme on 12th, 13th, 14th days
of April 2025 in Peramabkkam village, situated in Kadambathur block,
Thiruvallur Taluk, Thiruvallur district.
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W.P.No.11817 of 2025
For Petitioner : Mr.D.Bennington
For Respondents : Mr.A.Gopinath
Government Advocate (Crl.side)
ORDER
This Writ Petition has been filed calling for records related to the impugned order passed by the third respondent in letter dated 18.03.2025 and quash the same and consequently directing the respondents to grant permission and police protection for conducting cock fight programme on 12th, 13th, 14th days of April 2025 in Peramabkkam village, situated in Kadambathur block, Thiruvallur Taluk, Thiruvallur district.
2. Heard the learned counsel on either side and perused the materials available on record.
3. It is submitted by the learned counsel for the petitioner that, the petitioner along with a group of persons constituted a committee in their village, and has been conducting cock fight for the past several years in a grand and peaceful manner without any gambling. The said 'cock fight' is one of the ancient festival game being organised or conducted in Page 2 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 03:08:24 pm ) W.P.No.11817 of 2025 temple festivals and other festivals in the country side.
4. In the yester years, when such function was organised by the petitioner and his group, the respondent police did not give permission or protection and therefore, the petitioner had to approach this court by filing writ petitions and orders were obtained. In this regard, the learned counsel for the petitioner relied upon the orders passed in earlier years i.e., 2014, 2015 as well as in the year 2017. In those years, pursuant to the directions issued by this court, in the respective writ petitions filed by the petitioner, permission as well as protection was given by the respondent police for smoothly conducting the 'cock fight' on the eve of the Thaipoosam celebrations.
5. On the eve of the said celebrations, the petitioner and his group has organised the 'cock fight' this year also and for the said purpose in order to get permission and police protection, the petitioner had already given a representation dated 01.03.2025 to the respondents to conduct cock fight on 12.04.2025 to 14.04.2025. However, so far, they have not considered the said request and no permission has been so far given by Page 3 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 03:08:24 pm ) W.P.No.11817 of 2025 the respondents. Therefore, this year also, the petitioner was constrained to approach this court, by filing this writ petition seeking appropriate direction to the respondents police.
6. The learned Government Advocate (Crl.side) appearing for the respondents, who would submit that, in the name of 'cock fight' since no untoward incidents be allowed to happen in the locality, the respondents police are more cautious in granting permission and therefore, if the conditions imposed by this Court in the earlier orders for granting permission for conducting 'cock fight' are imposed along with some additional conditions to ensure the smooth conducting of such function, the respondents would consider the said request of the petitioner for grant of permission or police bandobust.
7. As has been pointed out by the learned counsel for the petitioner, in the year 2013 itself in W.P.No.635 of 2013, a learned Judge of this Court by order dated 08.01.2017, passed the following order :
“In the light of the above said earlier Division bench orders, this writ petition stands Page 4 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 03:08:24 pm ) W.P.No.11817 of 2025 disposed of with a direction to the respondents to give permission to conduct the cock fight by the petitioner on 17.01.2013 and 18.01.2013 with the supervision of the second respondent as well as any one of the veterinary doctor from Valakkanampoondi Puthu Village, R.K.Pettai Post, Tiruttani Taluk, Tiruvallur District for the purpose of diagnosis of the birds. The petitioner is directed to bear the expenses for providing police supervision and the veterinary doctor attending the supervision.”
8. Like that, similar orders were passed in the year 2014 also in W.P.No.47 of 2014 on 07.01.2014. Even in the last year i.e., 2017, a detailed order has been passed in W.P.No.5687 of 2017, by order dated 10.03.2017. All these years, the said writ petitions had been filed by the petitioner on behalf of the group of people, who organise and conduct such 'cock fight'. In view of the earlier orders passed by this court, pursuant to which, the function as well as the 'cock fight' since had been smoothly run by the petitioner and his group, this court is of the view that there can be no impediment in granting similar direction to the respondents for this year also for the consideration of granting of permission and police bandobust for the petitioner for conducting the Page 5 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 03:08:24 pm ) W.P.No.11817 of 2025 function and the 'cock fight'. Accordingly, the following orders are passed in this writ petition.
9. The respondents are directed to grant permission and give police bandobust to the petitioner and his group of persons, who are the organisers of Festival celebrations for conducting cock fight on 12th, 13th, 14th days of April 2025 in Peramabkkam village, situated in Kadambathur block, Thiruvallur Taluk, Thiruvallur district., by imposing the following conditions:
“(i)It is made clear that such an event shall be supervised by the first respondent as well as by the Veterinary Doctor of nearby Government Veterinary Hospital.
(ii)It is further made clear that during the course of conducting 'cock fight', there should not be any injury to be caused to the birds and the birds should not be intoxicated, with any alcoholic substance and no knives should be tied around the legs of the birds, with the tip of the knives dipped in poisonous substances. The Veterinary Doctor shall ensure the same before the actual starting of the event.
(iii)The petitioner shall bear the expenses Page 6 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 03:08:24 pm ) W.P.No.11817 of 2025 towards police protection as well as the expenses towards the Veterinary Doctor.
(iv)It is made clear that the organiser should take precautionary measures to avoid any untoward incident while conducting the event of cock-
fight.
(v) Songs praising communal leader or having communal overtones should not be played.
(vi)The petitioner will ensure that no flex board or hoardings depicting particular community or leader is displayed.
(vii) 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.
(viii) The petitioner volunteers to donate a sum of Rs.10,000/- (Rupees ten Thousand only) to any one of the Orphanages in the District and payment of proof shall be produced before the second respondent.
(ix) No one is allowed to enter, except the owner of the Birds which are going to participate in the event. s
(x) There is a separate place allocated for the spectators.
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(xii) According to the conditions, eligible birds are only allowed to participate in the event. If there is any certain objections being raised, it is taken to the concerned police office to take a decision.”
10. It is made clear that the aforesaid conditions shall be strictly followed by the petitioner and his group on all the three days in the entire function from 12.04.2025 to 14.04.2025, between 09.00 am and 06.00 pm and if any violation of these conditions is reported, the respondents police are at liberty to take appropriate action against the petitioner and his group.
11. In view of the above, the impugned order dated 18.03.2025 passed by the third respondent cannot be sustained and is liable to be quashed. Accordingly, the impugned order passed by the third respondent dated 18.03.2025, is hereby quashed.
12. In the result, this Writ Petition petition is allowed. Consequently, connected Miscellaneous petition is closed. No costs.
Page 8 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 03:08:24 pm ) W.P.No.11817 of 2025 02.04.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn Page 9 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 03:08:24 pm ) W.P.No.11817 of 2025 G.K.ILANTHIRAIYAN. J, mn To 1. The Superintendent of Police, Tiruvallur District, Tiruvallur. 2. The Inspector of Police, Mappedu Police Station, Tiruvallur District. 3. The Sub Inspector of Police, Mappedu Police Station, Tiruvallur District. 4. The Public Prosecutor, High Court, Madras. W.P.No.11817 of 2025 02.04.2025 Page 10 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 03:08:24 pm )