1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.12035 of 2011 and M.P.(MD)No.1 of 2011 B.K.Karthikayan ... Petitioner Vs. 1.The Chairman, (Secretary for the Department of Animal Husbandry and Fisheries, Committee under the Prevention of Cruelty to Animals Act, 1960), Fort St.George, Chennai-600 009. 2.The District Collector, Karur District, Karur. 3.The Superintendent of Police, Karur District, Karur. ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 2nd and 3rd respondents to grant permission for conducting Cockfight function during the celebration of auspicious Temple festival between 25.10.2011 and 27.10.2011 at Arulmigu Bhagavathiamman and Muthalamman Temple, situated at Sinnampatti, Kodaioor Village, Aravakkurichi Taluk, Karur District. For Petitioner : Mr.R.Vijayakumar For Respondents : Mr.S.Venkatesh, Government Pleader. O R D E R [Order of the Court was made BY K.N.BASHA, J] The petitioner has come forward with this public interest litigation, in his capacity as the village headman, seeking for a direction to the 2nd and 3rd respondents to grant permission for conducting Cockfight function during the celebration of https://hcservices.ecourts.gov.in/hcservices/ 2 auspicious Temple festival between 25.10.2011 and 27.10.2011 at Arulmigu Bhagavathiamman and Muthalamman Temple, situated at Sinnampatti, Kodaioor Village, Aravakkurichi Taluk, Karur District. 2.Mr.S.Venkatesh, learned Government Pleader, takes notice for the respondents. By mutual consent of the learned counsel for the parties, the main writ petition itself is taken up for final hearing at the time of admission itself. 3.It is submitted by the learned counsel for the petitioner that the villagers, consisting of 120 families, hailing from different caste and creed, are anxious to celebrate Deepavali Festival at Arulmighu Bhagavathiamman and Muthalamman Temple and during such an event, they use to conduct traditional 'cockfight'. Therefore, seeking permission to conduct such a traditional 'cockfight', the petitioner submitted a representation to the respondents 2 and 3 on 17/10/2011 but, no action was taken by the respondents and as such the petitioner is constrained to approach this Court with this petition with the aforesaid prayer. 4.Learned counsel for the petitioner contended that on an earlier occasion, a Division Bench of this Court had granted such a permission with certain conditions in W.P.(MD)No.311 of 2011, dated 11.01.2011, and produced a copy of the said order for the perusal of the said Court. 5.Learned Government Pleader would submit that the respondents would consider the representation of the petitioner dated 17.10.2011, in the light of the order of this Court in W.P(MD)No.311 of 2011, dated 11.01.2011. 5.This Court carefully considered the submissions made by the counsel on either side and perused the materials available o record. 6.According to the petitioner, he is the headman of the village and he has filed this writ petition seeking for a direction to respondents 2 and 3 to grant permission to conduct cockfight in their village during Deepavali Festival. It is pointed out that this Court, on an earlier occasion, in W.P.(MD)No.311 of 2011, dated 11.01.2011, directed the authorities therein to grant permission to the petitioner therein to conduct cockfight in his village with certain conditions. It is seen that the petitioner in this case has already preferred a representation, dated 17.10.2011, and his grievance is that till date no action was taken by the respondents. 7.Considering the submissions made and considering the facts and circumstances of the case, this Court is constrained to direct the 2nd and 3rd respondents to consider the representation of the petitioner, dated 17.10.2011, seeking permission to conduct cockfight during Deepavali Festival, and pass orders in the light of the order passed by this Court in W.P.(MD)No.311 of 2011, dated 11.01.2011, by granting permission with certain conditions, which are incorporated hereunder: https://hcservices.ecourts.gov.in/hcservices/ 3 "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 Melbegam Dispensary, Karu 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." It is made clear that such an order shall be passed on or before 24th October, 2011 because the proposed festival is to be conducted on 25th, 26th and 27th of this month. The petitioner shall also present a copy of his representation, dated 17.10.2011, along with a copy of this order to respondents 2nd and 3. 8.With the above direction, the writ petition stands disposed of. No costs. Connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To: 1.The Chairman, (Secretary for the Department of Animal Husbandry and Fisheries Committee Fort St.George, Chennai-600 009. 2.The District Collector, Karur District, Karur. 3.The Superintendent of Police, Karur District, Karur. +1cc to Mr.R.Vijayakumar, Advocate, Sr.No.36267 gb ssk/21.10.2011 /5c -3p/- ORDER IN WP(MD)No.12035/2011 and MP(MD)No.1 of 2011 Dated:20.10.2011 https://hcservices.ecourts.gov.in/hcservices/