Madras High Court
P.Inbathamizhan vs The Superintendent Of Police on 15 April, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No. 13309 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.13309 of 2025 and
W.M.P.No.14885 of 2025
P.Inbathamizhan ... Petitioner
Vs.
1.The Superintendent of Police,
District Police Office,
Cuddalore 607 001.
2.The Inspector of Police,
Neyveli Township Police Station,
Cuddalore District 607 803. ..Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of Writ of Mandamus to call for the
records of the second respondent vide his proceedings order
No.06/Neyveli Town/2025 dated 01.04.2025 and quash the same and
consequently, directing the respondents to grant permission and police
protection to conduct “Cock fight” in the event of Celebrating Former
Tamil Nadu Chief Minister Dr.Kalaignar Karunanidhi Birthday at near
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W.P.No. 13309 of 2025
Vadakuthu Police Station, opp. to Kanniga Parameswari Textile, Neyveli
between 07.00 am to 05.00 pm.
For Petitioner : Mr.K.Thenrajan
For Respondents : Mr.A.Gopinath,
Government Advocate (crl.side)
ORDER
This Writ Petition has been filed challenging the impugned order of the second respondent, dated 01.04.2025 and to direct the respondents to grant police protection and permit the petitioner to conduct Cock Fight in the event of Celebrating Former Tamil Nadu Chief Minister Dr.Kalaignar Karunanidhi's Birthday near Vadakuthu Police Station, opp. to Kanniga Parameswari Textile, Neyveli between 07.00 am and 05.00 pm.
2. The petitioner averred that the Cock Fight is one of the ancient festival game being organized and conducted throughout Tamilnadu on Page 2 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 03:15:24 pm ) W.P.No. 13309 of 2025 various occasions and the same is having deep roots in our Tamil Culture through generations and which reflects traditions and ways of life. He further averred that he will assure that the cocks/roosters will not be harmed and it is simply a traditional event of farmers and the Cock Fight that was conducted last year in many districts of Tamilnadu was held peacefully without causing any harm or disturbance neither to the birds nor people and without law and order problem. Especially, the cock fight held in Theni District on 19.01.2024 was held as per the guidelines of the Hon-ble High Court as mentioned in the writ petition in W.P.No(MD)No.31534 of 2024. Therefore, the petitioner along with others are conducting a “Cock Fight (Vetrukkal Seval Sandai)” in the event of the celebration of the Former Tamil Nadu Chief Minister Dr.Kalaignar Karunanidhi's Birthday which is on 03.06.2025 but on the same day there are several other welfare schemes that are taking place in various parts of Tamilnadu. Hence, they are planning to conduct the Cock Fight (Vetrukkal Seval Sandai) on 07.06.2025 and 08.06.2025 near Vadakuthu Police Station, Opp. to Kanniga Parameswari Textile, Neyveli in a private land. Therefore, the petitioner submitted a Page 3 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 03:15:24 pm ) W.P.No. 13309 of 2025 representation to the first respondent, seeking permission to conduct the Cock Fight on 07.06.2025 and 08.06.2025 between 07.00 a.m. to 05.00 p.m. The respondent, without considering the above circumstances, mechanically rejected permission to conduct Cock Fight for the reason that if they conduct Cock Fight, there will be a law and order problem. Hence, the present Writ petition has been filed.
3. The learned counsel appearing for the petitioner further submits that this Court has already dealt with similar issue in W.P.(MD)No.24385 of 2024. Hence, he prays to quash the impugned order dated 01.04.2025 and for granting permission to the conduct cock fight on 07.06.2025 and 08.06.2025 between 07.00 a.m. to 05.00 p.m.
4. The learned Government Advocate( Crl.Side) appearing for the respondents would submit that the petitioner has given a representation on 29.03.2025 for conducting Cock Fight to be held on 07.06.2025 and 08.06.2025 and the same was rejected by the second respondent, since there is a direction from the Director General of Police, Tamil Page 4 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 03:15:24 pm ) W.P.No. 13309 of 2025 Nadu/Head of State Police Force, Tamilnadu in RC.No.6898194/Crime 4(3)2024 dated 13.03.2024 regarding conduct of events involving animals and birds across the State. But the petitioner and others are ready to follow the aforesaid circular and that the writ petitioner may be permitted to give fresh representation.
5. The learned Government Advocate appearing for the respondents submits that in the name of “cock fight” since no untoward incidents shall be allowed to happen in the locality, the respondents police are more cautious in granting permission for such events and therefore, if the conditions imposed by this Court in the earlier orders for granting permission for conducting “cock fight” are imposed in this present petition, along with some additional conditions to ensure the smooth conducting of such event, then the respondents would consider the said request of the petitioner for the grant of permission or police bandobust.
6. I have considered the said submissions made by both sides. Page 5 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 03:15:24 pm ) W.P.No. 13309 of 2025
7. Similar order was passed in the year 2014 in W.P.No.47 of 2014 on 07.01.2014. Even in the year 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 have 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” have been smoothly run by the petitioner and his group and hence, this court is of the view that there can be no impediment in granting similar direction to the respondents for this year as well for the consideration of granting of permission and police bandobust for the petitioner for conducting the function and the “cock fight”. Accordingly, the following orders are passed in this writ petition.
8. Considering the facts and circumstances of the case and taking note of the detailed circular and guidelines issued by the Director General of Police, the impugned order dated 01.04.2025 passed by the Page 6 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 03:15:24 pm ) W.P.No. 13309 of 2025 second respondent is hereby set aside.
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 and for conducting cock fight on 07.06.2025 and 08.06.2025 between 07.00 a.m. and 05.00 p.m. 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 towards police protection as well as the expenses towards the Veterinary Doctor.Page 7 of 10
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(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.
(x) There is a separate place allocated for the spectators.
(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.?
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10. It is made clear that the aforesaid conditions shall be strictly followed by the petitioner and his group in all the two days and in the entire function from on 07.06.2025 and 08.06.2025 between 07.00 a.m. and 05.00 p.m., 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. With these observations and directions, this Writ Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. The uploaded copy can be utilised for the purpose of execution of the Order.
15.04.2025 Neutral citation : Yes/No Speaking/non-speaking order shk Page 9 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 03:15:24 pm ) W.P.No. 13309 of 2025 G.K.ILANTHIRAIYAN, J.
shk To
1.The Superintendent of Police, District Police Office, Cuddalore 607 001.
2.The Inspector of Police, Neyveli Township Police Station, Cuddalore District 607 803.
3. The Public Prosecutor, High Court, Madras.
W.P.No.13309 of 2025 and W.M.P.No.14885 of 2025 15.04.2025 Page 10 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/04/2025 03:15:24 pm )