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2013 DIGILAW 3773 (MAD)

Singaraj v. Superintendent of Police, Dindigul District, Dindigul

2013-10-31

G.CHOCKALINGAM, V.DHANAPALAN

body2013
Judgment : V. Dhanapalan, J. The petitioner has come forward with this Writ Petition seeking to quash the impugned order of the second respondent, dated 28.10.2013 and for a direction to the respondents to grant permission to conduct cock-fight from 03.11.2013 to 05.11.2013 for three days on account of the function of Deities Sri Vinayagar, Sri Kaliamman, Sri Bagavathiamman temple function situated in Rajagoundanur, Viruthalaipatti Village, Vedasanthur Taluk, Dindigul District. 2. The petitioner would contend that every year in the village, the villagers use to conduct cock fight, a traditional game, during temple festival. It is contended that this year also seeking permission from the authorities to conduct cock-fight from 03.11.2013 to 05.11.2013, the petitioner made a representation to the second respondent on 28.10.2013 but, the same was rejected on 28.10.2013. Hence, the petitioner is constrained to approach this Court with the present Writ Petition for the aforesaid relief. 3. It is contended that in a number of similar matters, this Court has directed the authorities to grant permission to conduct cock-fight, imposing certain conditions. 4. Heard Mr.S.Chandrasekar, learned Government Advocate, on the submissions made by the learned counsel for the petitioner. He would submit that in the event of this Court granting permission, stringent conditions may be imposed for the smooth conduct of the event. 5. In view of the undertaking given by the petitioner and in view of the similar orders passed by this Court, the order of the second respondent, dated 28.10.2013, is quashed and the second respondent is directed to give permission to the petitioner to conduct cock-fight for one day, viz., on 03.11.2013, subject to the following conditions: (i). It is made clear that such an event shall be supervised by the first respondent, namely, the Superintendent of Police, Dindigul District, as well as by the Veterinary Doctor of nearby Government Veterinary Hospital or nearby Station. (ii). 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 should 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. (iii). The Veterinary Doctor shall ensure the same before the actual starting of the event. (iii). The petitioner shall bear the expenses towards police protection as well as the expenses towards the Veterinary Doctor. (iv). It is made clear that the organizer should take pre-cautionary measures to avoid any untoward incident while conducting the event of cock-fight. 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 second respondent. (v) On failure to comply with any of the above conditions by the petitioner, it is open to the respondent police to take action against them. 6. The Writ Petition is allowed on the above terms. No costs.