1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 11.03.2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.2731 of 2011 S. Karupaiah, S/o. Sangapillai, ..Petitioner - Vs - 1. Superintendent of Police, Subramaniyapuram, Manarpuram, Trichy. 2. The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District. ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent police to give permission and protection in the Ponnar Sangar, Periya Kaandi Amman Temple to the last event of "Seval Sandai" (Cock fight) scheduled to be conducted between 14.03.2011 to 20.03.2011. For Petitioner :: Ms. J. Nisha Banu For Respondents :: Mr. R. Janakiramulu, Special Government Pleader O R D E R (Order of the Court was delivered by K. SUGUNA, J.) This Writ Petition is filed for issuance of a Writ of Mandamus to direct the first respondent police to give permission and protection in the Ponnar Sangar, Periya Kaandi Amman Temple to the last event of "Seval Sandai" (Cock fight) scheduled to be conducted between 14.03.2011 and 20.03.2011. 2. According to the petitioner, he is the Poojari of Veerapur Arulmigu Kanimar Amman Mantrum Ponnar Sangar Periya Kaandi Amman Temple (hereinafter referred to as the "said Temple") situated at Manapparai, Trichy District. The case of the petitioner is that after closure of the festival in the said Temple, for a period of one week, the last event viz., Seval Sandai (Cock fight) took place and the same was conducted every year and permission was also granted. 3. However, the learned counsel appearing for the petitioner is not able to produce any document to show that in the previous years, such permission was granted. 4. According to the learned Special Government Pleader, for the first time, permission is sought for and since more than one lakh people will assemble for the function, the police apprehends law and order problem in the event of the permitting the petitioner to conduct the cock fight. Consequently, according to the learned Special Government Pleader, permission should not be granted. 5. We have heard the submissions of the learned counsel appearing for the petitioner and also the learned Special Government Pleader appearing for the respondents and carefully considered the same. https://hcservices.ecourts.gov.in/hcservices/ 2 6. Now, permission is sought for to conduct the Seval Sandai (Cock fight) in the said Temple. According to the learned counsel appearing for the petitioner, for number of years, they have conducted the Cock fight without any problem and this year alone objections have been raised by the respondents / police. Even as per the invitation enclosed in the typed set of papers, the festival of the said Temple comes to an end on 13.03.2011 and subsequent to this only, the Cock fight is scheduled to be held. 7. In view of the objection raised by the respondents / Police and the stand taken by the petitioner that for every year, the Cock fight was allowed to be conducted without any problem, we are of the view that the petitioner may be permitted to conduct the Seval Sandai (Cock Fight) on 15.03.2011 and if the same is conducted without any law and order problem and without any commotion, then the first respondent Police may permit the petitioner to conduct the cock fight on 16.03.2011 also and if there is any law and order problem or commotion in the conduct of the cock fight on 15.03.2011, then the petitioner is not allowed to conduct the same on 16.03.2011. 8. It is made clear that conducting of the cock fight is restricted only for a period of two days on the ground that the learned Special Government Pleader submitted that for the first time, permission and protection is sought for conducting the cock fight in the said Temple. Consequently, this cannot be quoted as a precedent for the next year. 9. In view of the above, the first respondent / Police is directed to give permission and protection for the conduct of Seval Sandai (Cock Fight) in Ponnar Sangar, Periya Kaandi Amman Temple on 15.03.2011 and if the same is conducted without any law and order problem and without any commotion, then the first respondent / Police may permit the petitioner to conduct the cock fight on 16.03.2011 also and must give protection and if there is any law and order problem or commotion in the conduct of the cock fight on 15.03.2011, then the petitioner is not allowed to conduct the same on 16.03.2011. 10. With the above directions, this writ petition is disposed of. However, there will be no order as to costs. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR Dpn/- To: 1. The Superintendent of Police, Subramaniyapuram, Manarpuram, Trichy. 2. The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District. 1CC TO M/S. J. NISHA BANU, ADVOCATE,S R: 6001: DM:2011::MARCH:14::: W.P.(MD)No.2731 of 2011 2P:4C:: 11.03.2011 https://hcservices.ecourts.gov.in/hcservices/