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2014 DIGILAW 2617 (MAD)

S. Sivasubburaj v. Secretary, Animal Welfare Board, Chennai

2014-08-13

M.JAICHANDREN, R.MAHADEVAN

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Judgment : M. Jaichandren, J. 1. Heard Mr. R. Murugappan, the learned counsel appearing on behalf of the petitioner, Mr. S. Suresh, the learned counsel appearing on behalf of the first respondent and Mr. B. Pugalendhi, the learned Special Government Pleader appearing on behalf of the respondents 2 and 3. 2. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus directing the third respondent herein to permit the petitioner to conduct 'Cock Fights', during the Aadi Festival to be celebrated in Vathalagundu Santhiveerappan Sami Temple, from 18.08.2014 to 21.08.2014. 3. The learned Special Government Pleader appearing on behalf of the respondents 2 and 3 had submitted that the third respondent had already passed an order, refusing to grant the permission to the petitioner to conduct the 'Cock Fights', stating that it would lead to a law and order problem. However, the petitioner had not challenged the said order passed by the third respondent, till date. 4. The learned counsel appearing on behalf of the first respondent had submitted that the cock fights have been prohibited, under Section 11(1)(n) of the Prevention of Cruelty to Animals Act, 1960, and therefore, no permission could be granted to the petitioner to conduct the 'Cock Fights', as prayed for by him, in the present Writ Petition. 5. The learned counsel appearing on behalf of the first respondent had also relied on the Judgment of a Division Bench of this Court, dated 21.05.2014, made in W.P.[MD].No.8040 of 2014, wherein, while dismissing the said Writ Petition, the Division Bench had held that the Government should take steps to prohibit 'Cock Fights'. 6. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, the learned counsel appearing on behalf of the third respondent, the learned Special Government Pleader appearing on behalf of the respondents 2 and 3 and on a perusal of the records available, we are of the considered view that the relief, as prayed for by the petitioner, in the present Writ Petition, cannot be granted, as it is clear that 'Cock Fights' have been prohibited, under Section 11(1)(n) of the Prevention of Cruelty to Animals Act, 1960. In such circumstances, we find it appropriate to dismiss the Writ Petition. Accordingly, the Writ Petition stands dismissed. No costs.