The Madras High Court allowed a writ petition ordering the authorities/police to allow the petitioners to host the event of ‘Cock Fight’ in Tiruvallur District. The said event was said to be hosted in light of safety of the birds, prohibition on gambling and communal peace. The terms and conditions to host such an event was briefly enumerated by the judges.
Brief Facts:
This writ petition was filed for the court to direct the respondents to grant permission and police protection for conducting “Cock Fight” event during Pongal festival days on 17th, 18th, 19th January 2023 at Valakkanampoodi Pudur Village, opposite to Thoppalamman Kovil, R.K.Pettai, Tiruvallur District.
Contentions of the Petitioner:
The case of the petitioner is that he along with a group of persons constituted a committee in their village, who conduct the birth day celebrations of the late Chief Minister Puratchi Thalaivar Dr. M.G. Ramachandran, for every year. In order to mark the said function, they organise 'cock fight', which is the traditional game during the Pongal festival. The said 'cock fight' is one of the ancient festival games being organised or conducted in temple festivals and other festivals in the country side. The petitioner has also stated that animals or birds will not be harmed and it is simply a traditional event for farmers. Each and every year, they conduct 'cock fight' peacefully. The petitioner and his group have organised the 'cock fight' this year and also want to organise it during 17.01.2023 to 19.01.2023. For the said purpose, in order to get permission and police protection, the petitioner had sent representations dated 28.12.2022 and 02.01.2023 to the respondents. Since the respondents have not passed any order, the petitioner filed the present writ petition.
Contentions of the Respondents/Government Pleader:
Learned Additional Government Pleader appearing for the respondents submitted that at the time of event, there should not be any betting, the cocks should not be intoxicated and no knives should be tied around the legs of the cocks. He further submitted that respondents would consider the representations of the petitioner and pass appropriate orders.
Observations of the Court:
After hearing both the parties, the court allowed the event subject to the following conditions:
- The event shall be supervised by the respondents as well as the veterinary doctor of nearby Government Veterinary Hospital.
- 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 petitioner shall bear the expenses towards police protection as well as the expenses towards the Veterinary doctor.
- It is made clear that the organizer should take precautionary measures to avoid any untoward incident while conducting the event of cock-fight.
- Songs praising communal leader or having communal overtones should not be played.
- The petitioner will ensure that no flex board or hoardings depicting particular community or leader is displayed.
- The petitioner volunteers to donate a sum of Rs.30,000/- (Rupees Thirty Thousand only) to Prasanthi Old Age Welfare Home, Chennai and payment of proof shall be produced before the respondents.
- No one is allowed to enter, except the owner of the birds which are going to participate in the event.
- Separate place to be allocated for the spectators.
- According to the conditions, eligible birds are only allowed to participate in the event. If there are any certain objections being raised, it is to be taken to the concerned Police Station to take a decision.
- Neither the petitioner nor any of the parties/participants shall indulge in any gambling activities.
Decision of the Court:
The writ petition was disposed of with the direction that the aforementioned conditions are strictly followed during the event and if there is any violation with respect to the same, the police may take the appropriate action in accordance with law.
Case Title: M. Munuswamy @ Chinnapaiyan vs The Superintendent of Police
Coram: Justice V.M. Velumani and Justice R. Hemalatha
Case No.: Writ Petition No. 592 of 2023
Advocate for the Petitioner: Mr. M.S. Palaniswamy
Advocate for the Respondent: Mr. E. Vijay Anand
Read Judgment @LatestLaws.com
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