1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2011 CORAM: THE HON'BLE MS. JUSTICE K. SUGUNA and THE HON'BLE MR. JUSTICE A. ARUMUGHASWAMY W.P. (MD) No.4888 of 2011 Joseph Petitioner vs. 1 The District Collector, Thanjavur, Thanjavur District. 2 The Superintendent of Police, Thanjavur, Thanjavur District. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records passed by the first respondent by his proceedings in Na.Ka.No.88349/2010/E1 dated 18.04.2011 and quash the same and consequently direct the respondents to grant permission to the petitioner's association for conducting cock fight at Thanjavur near Palliagraharam Sivan Koil on 7th & 8th May 2011. For petitioner : Mr. K. Jeganathan For respondents : Mr. R. Janakiramulu Spl. Govt. Pleader ORDER (Order of the Court was made by K. SUGUNA, J.) This writ petition is filed challenging the order dated 18.04.2011 by which permission sought by the petitioner for the conduct of cock fight in the festival to be held on 7th and 8th May 2011, has been rejected. 2. As per the impugned order, cock fight is contrary to the provisions of the Prevention of Cruelty to Animals Act, 1960 and as per Section 11(1)(n) of the said Act, which reads as follows: “Section 11 – Treating animals cruelly (1) If any person - (n) organises, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purpose of such shooting; he shall be punishable, in the case of a first offence, with fine which shall not be https://hcservices.ecourts.gov.in/hcservices/ 2 less than ten rupees but which may extent to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extent to one hundred rupees or with imprisonment for a term which may extend to three months, or with both.” cock fight should not be permitted. 3. But, according to the learned counsel for the petitioner, in the earlier years, the same has been conducted and all of a sudden, this year, permission has been denied to conduct cock fight. Apart from this, the learned counsel for the petitioner has relied on a judgment dated 11.03.2011 rendered by us in W.P. (MD) No. 2731 of 2011 and also a judgment dated 11.01.2011 rendered by another Division Bench of this Court in W.P. (MD) No.311 of 2011. Relying on these judgments, the learned counsel for the petitioner has submitted that cock fight should be permitted to be conducted on the above said dates. Besides, according to him, as far as the request of the petitioner is concerned, it is only for a btw;Wf; fhy; , cock fight and not with knife or any other form of weapon to be died in the legs of the cock; consequently, the question of subjecting the said cock to cruelty also does not arise, hence, permission should be granted. 4. On the other hand, according to the learned Special Government Pleader, based on the report received from the Superintendent of Police, the District Collector has passed the impugned order; as far as Thanjavur District is concerned, so far, no permission had been granted for conducting cock fight. Further, relying on the letter of the Superintendent of Police, Thanjavur, the learned Special Government Pleader has also brought to the notice of this Court that if this cock fight is allowed, more than 1,000 people from other States used to visit the said cock fight; consequence of this, there is every possibility for law and order problem to arise; besides, those who come to watch the cock fight would continue to reside in Thanjavur District itself and this also may give rise to law and order problem; keeping in mind all these factors only, objection has been raised by police and accepting the same, the impugned order has been passed by the first respondent. 5. But, as per the letter of the Secretary to Animal Husbandry, Dairying and Fisheries Department dated 25.01.2010, the said cock fight is allowed to be conducted in Karur as well as in some other parts of Tamil Nadu. As such, it has to be held that no uniform policy is followed as far as giving permission to conduct cock fight is concerned. But, as per the order passed which is under challenge in this writ petition, if cock fight is permitted, it will be contrary to the provisions of the Prevention of Cruelty to Animals Act, 1960. A reading of Section 11(1)(n) also reveals that even having a place for fighting of animal itself is prohibited. Under such circumstances, permitting fighting of animals, certainly, will run contrary to the above said provision of the Prevention of Cruelty to Animals Act, 1960. https://hcservices.ecourts.gov.in/hcservices/ 3 6. Apart from the above, when the police apprehend that there is every possibility for law and order problem to arise in view of flow of people from other States and also there is a possibility that those people would continue to reside in the said place, taking into account public interest, in our view, the request of the petitioner cannot be permitted. Consequently, upholding the order under challenge, this writ petition is dismissed. No costs. However, since as per the letter dated 25.01.2010 of the Secretary to the Government, Animal Husbandry, Dairying and Fisheries Department, in certain parts of the State of Tamil Nadu, cock fight is permitted, in order to have a uniform policy, the Government is directed to take a decision with regard to the permission to be given for conducting cock fight within a period of six months and if such a decision is taken uniformly as in the case of Jallikattu, the same can be followed in respect of cock fight also. Since the Secretary to the Animal Husbandry Department is not a party to this writ petition, the Registry is directed to mark a copy of this order to the Secretary to the Animal Husbandry Department, Fort St. George, Chennai - 600 009. Sd/- Deputy Registrar (Accounts) /True copy/ Assistant Registrar To 1 The District Collector, Thanjavur, Thanjavur District. 2 The Superintendent of Police, Thanjavur, Thanjavur District. 3 The Secretary, Animal Husbandry Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009. Cad SR : 10.06.2011 : 2p/4c W.P. (MD) No.4888 of 2011 29.04.2011 https://hcservices.ecourts.gov.in/hcservices/