IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10.03.2017 CORAM
THE HON'BLE MR. JUSTICE T.MATHIVANAN
W.P.No.5687 of 2017 M.Munusamy @ Chinnapaiyan ... Petitioner
Vs.
1. The Superintendent of Police Tiruvallur District Tiruvallur
2. The Inspector of Police Law and Order R.K.Pettai Police Station Tiruttani Taluk Tiruvallur District ... Respondents Writ Petition filed under Article 226 of the Constitution of India for a direction to the respondents to grant permission and police protection for conducting “cock fight”at Valakkanampoodi Pudur Village, near Kanni Koil, R.K.Pettai, Tiruvallur District on 11th, 12th and 13th March 2017.
For Petitioners : Mr.M.Palaniswamy For Respondent : Mr.C.Emalias Additional Public Prosecutor ORDER Invoking the provisions of Article 226 of the Constitution of India, this petition is filed by the petitioner seeking a direction in the nature of writ of mandamus as against the respondent police to grant permission as well as police protection to the petitioner for conducting cock fight at Valakkanampoodi Pudur Village, near Kanni Koil, R.K.Pettai, Tiruvallur District on 11th, 12th and 13th March 2017.
2. Heard Mr.M.S.Palaniswamy, learned counsel for the petitioner and Mr.C.Emalias, the learned Additional Public Prosecutor appearing for the respondents.
3. Mr.M.S.Palaniswamy, has made reference to the following orders passed by this Court pertaining to the prayer sought for by the petitioner:
1. The order dated 08.01.2013 and made in W.P.No.635 of 2013; and
2. The order dated 07.01.2014 and made in W.P. No.47 of 2014.
4. In the case second cited, the petition was allowed issuing a direction to the respondent police to grant permission to the petitioner to conduct cock fight on the following conditions:
“(i) The event shall be supervised by the first respondent, namely the Superintendent of Police, Tiruvallur District, Trivallur as well as by the Veterinary Doctor of nearby Government Veterinary Hospital or nearby Station.
(ii) During the course of conducting 'Cock fight' no injury should 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 petitioner shall bear the expenses towards police protection as well as the expenses towards the Veterinary Doctor.
(iv) The organizer should take precautionary measures to avoid any untoward incident while conducting 'cock fight'.
(v) If there is any difficulty in conducting 'cock fight' on certain objections being raised, it is for the concerned police officer to take a decision.
All the above terms and conditions should be scrupulously followed by the petitioner and the petitioner shall file an affidavit of undertaking to the said effect before the 2nd respondent. 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.”
5. Mr.C.Emalias, the learned Additional Public Prosecutor, on instructions, has strongly objected to allow this petition because on 26.04.2016, a similar matter was filed by the very same petitioner and subsequently, the petition in W.P.No.1177 of 2016 and an appeal in W.A.No.34 of 2015 were withdrawn as the prayer made therein had become infructuous. Citing the above said order, Mr.C.Emalias has submitted that last year, though the petitioner had request the Court to issue such a direction to the respondent police to grant permission, the said direction was not given to the respondent police. Therefore, he has vehemently objected to allow this petition.
6. This Court has perused the grounds of this petition and considered the submissions made on behalf of both sides.
7. Mr.M.S.Palaniswamy, the learned counsel for the petitioner has also made reference to an order passed by a Division Bench of this Court dated 08.02.2017 and made in W.P (MD) No.2153 of 2017, wherein the Division Bench, while allowing the petition on 08.02.2017, has directed the respondent police to look into the representation of the petitioner and dispose the same within a period of two days.
8. On coming to the instant case on hand, this Court finds that subject to the conditions imposed by the Division Bench of this Court dated 17.02.2014, a direction can be issued to the respondent police to permit the petitioner to conduct the cock fight, which is a traditional game.
Conditions are enumerated as under:-
“(i)It is made clear that such an event shall be supervised by the first respondent as well as by the Veterinary Doctor of nearby Government Veterinary Hospital.
(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 petitioner shall bear the expenses towards police protection as well as the expenses towards the Veterinary Doctor.
(iv) It is made clear that the organiser should take pre-cautionary measures to avoid any untoward incident while conducting the event of cock- fight.
(v) Songs praising communal leader or having communal overtones should not be played.
(vi) The petitioner will ensure that no flex board or hoardings depicting particular community or leader is displayed.
(vii) 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.
(viii) The petitioner volunteers to donate a sum of Rs.5,000/- (Rupees Five Thousand only) to any one of the Orphanages in the District and payment of proof shall be produced before the second respondent".
9. The writ petition is disposed of in the above terms. No costs.
10.03.2017
gpa Index: Yes/No Internet: Yes
Note: Issue order copy on 10.03.2017
To
1. The Superintendent of Police Tiruvallur District Tiruvallur
2. The Inspector of Police Law and Order R.K.Pettai Police Station Tiruttani Taluk Tiruvallur District T.MATHIVANAN.J., gpa W.P.No.5687 of 2017 10.03.2017 http://www.judis.nic.in