1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.14084 of 2011 M.J.Jahangir ... Petitioner Vs. 1.The District Collector, Thanjavur District, Thanjavur. 2.The Superintendent of Police, Thanjavur District, Thanjavur. 3.The Inspector of Police, Kallamperumpur Police Station, Thanjavur District. ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to grant permission to the petitioner's Association for conducting 'Cock Fight' at Thanjavur, near Vandayar Colony, on the 24th and 25th December, 2011. For Petitioner : Mr.A.Arun Prasad For Respondents : Mr.R.Anandharaj, Government Advocate. ORDER [Order of the Court was made K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for the relief of a direction to the respondents to grant permission to the petitioner's Association for conducting 'Cock Fight' at Thanjavur, near Vandayar Colony, on the 24th and 25th December, 2011. 2. Mr.A.Arun Prasad, learned counsel appearing for the petitioner, would submit that 'cock fight' is a traditional game organized by the villagers, during festival seasons, every year. It is contended that in order to conduct such a 'cock fight' this year, seeking permission from the authorities, the petitioner preferred a representation, dated 19.11.2011, to the 1st respondent but, till https://hcservices.ecourts.gov.in/hcservices/ 2 date no action was taken and no orders were passed on such a representation and as such the petitioner was constrained to approach this Court with the present petitioner with the aforesaid relief. 3. Learned counsel for the petitioner would further submit that in a similar matter, a Division Bench of this Court had directed the authorities to grant permission imposing certain conditions in its order dated 11.01.2011, made in W.P.(MD)No.311 of 2011, and he produced a copy of the order of the Division Bench in the above said writ petition. 4. Heard the learned Government Advocate appearing for the respondents on the submissions made by the learned counsel for the petitioner. He would submit that the representation of the petitioner would be considered, in the manner known to law, by the respondents. 5. We have carefully considered the submissions made by the counsel on either side and perused the materials available on record, including the representation given by the petitioner, dated 19.11.2011. 6. The fact remains that the petitioner's villagers use to organize the traditional game of 'cock fight' every year, during festival seasons. To conduct such an event, during this year, seeking permission of the authorities, the petitioner is said to have made a representation to the 1st respondent as early as on 19.11.2011. Till date no action was taken on such representation, is the grievance of the petitioner. 7. It is seen that a Division Bench of this Court, by order dated 11.01.2011, made in W.P.(MD)No.311 of 2011, has passed the following orders in a similar matter: "6. In the light of the above said submissions made, this Writ Petition stands disposed of with a direction to the respondents 1 to 4 to give permission to the cockfights to be conducted by the fifth and sixth respondents with the supervision of the fourth respondent as well as any one of the veterinary doctor either from Santhapadi Dispensary or Modakoor Melbegem Dispensary, Karur District, for the purpose of diagnosis of the birds. The respondents 5 and 6 are directed to bear the expenses for providing police supervision and the veterinary doctor attending the supervision." 8. As far as the case on hand is concerned, we are of the considered view that no prejudice would be caused to the respondents or to any one, in the event of granting permission to the petitioner to conduct 'cock fight' on 25th and 25th December, 2011, under the supervision of the 3rd respondent, namely the Inspector of Police, Kallamperumbur Police Station, Thanjavur District, and also under the supervision of the Veterinary Doctor of the Government Veterinary Hospital at Thanjavur. https://hcservices.ecourts.gov.in/hcservices/ 3 9. Accordingly, the 1st respondent is directed to consider the representation of the petitioner, dated 19.11.2011, and grant permission to them to conduct 'cock fight' on 24th and 25th December, 2011. It is made clear that such an event shall be supervised by the 3rd respondent as well as by the Veterinary Doctor of Government Veterinary Hospital at Thanjavur. 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 would 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. The petitioner shall bear the expenses towards police protection as well as the expenses towards the Veterinary Doctor. 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 3rd respondent, the Inspector of Police, Kallamperumbur Police Station. 10. With the above observation and direction, the writ petition stands disposed of. No costs. The petitioner shall file a copy of his representation, dated 19.11.2011, afresh before the 1st respondent, along with a copy of this order. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To: 1.The District Collector, Thanjavur District, Thanjavur. 2.The Superintendent of Police, Thanjavur District, Thanjavur. 3.The Inspector of Police, Kallamperumpur Police Station, Thanjavur District. +1 CC to Mr.A.Arun Prasad, Advocate (SR.No.44180) Order in W.P.(MD)No.14084/2011 Dated:15.12.2011 gb NSV/16.12.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/