The court can grant permission for a cultural event despite it being a cognizable offence under the Prevention of Cruelty to Animals Act, 1960, by imposing certain conditions to ensure the safety and well-being of the animals involved.

JUDGMENT

(Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records in relation to the impugned order in Na.Ka.No.04/ Ka/Aa/Tiruppu/2022 dated 20.02.2023 on the file of the third respondent and quash the same as being illegal and untenable and pass directions for granting permission to conduct Kida-Muttu cultural event scheduled on 15.03.2023 at Arulmighu Manthaiamman Temple at Pottapalayam Village, Thirupuvanam Taluk, Sivagangai District on the basis of the petitioner''s representation dated 03.02.2023.)

1. This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, calling for the records in relation to the impugned order in Na.Ka.No.04/ Ka/Aa/Tiruppu/2022 dated 20.02.2023 on the file of the third respondent and quash the same as being illegal and untenable and pass directions for granting permission to conduct Kida-Muttu cultural event scheduled on 15.03.2023 at Arulmighu Manthaiamman Temple at Pottapalayam Village, Thirupuvanam Taluk, Sivagangai District on the basis of the petitioner''s representation dated 03.02.2023.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner would submit that in order to conduct the kida muttu on 15.03.2023, they sought permission of the police by giving a representation dated 03.02.2023, but the third respondent has rejected the writ petitioner''s representation dated 20.02.2023 stating that till now kida muttu is not conducted in the said area and that if kida muttu is conducted, it will create a law and order problem. He would further submit that as part of Varshaabhishekam for the temple, by name, Arulmighu Manthaiamman Temple every year, they conduct the event of ''Kida-Muttu'' at Pottapalayam Village, Thirupuvanam Taluk, Sivagangai District. According to the writ petitioner, the said event is conducted without any violence, cruelty to the goats, participating in the event and without any untoward incident.

4. The learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that conduct of the event ''Kida-Muttu'' is a cognizable offence as defined under Sections 31 and 11(l)(n) of the Prevention of Cruelty to Animals Act, 1960 and the permission sought for by the writ petitionr is in violation of Sections 11(l)(n) and 26 of the Act.

5. The learned counsel appearing for the writ petitioner would submit that this Court passed order permitting cock-fight, imposing certain conditions and similar order may be passed in this writ petition also.

6. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

7. This Court, in similar circumstances, allowed W.P.(MD)No. 10771 of 2013 by order dated 05.07.2013 permitting cock-fight, imposing certain conditions. Following the said order, the writ petitioner is directed to file a fresh representation before the third respondent and on such representation, the third respondent is directed to grant permission to the writ petitioner to conduct ''Kida-Muttu'' event on 15.03.2023 from 08.00 a.m. to 05.00 p.m. at Pottapalayam Village, Thirupuvanam Taluk, Sivagangai District, subject to the following conditions:-

“(i) The ''Kida-Muttu'' event to be held on 15.03.2023 shall be supervised by the third respondent as well as by the Veterinary Doctor of nearby Government Veterinary Hospital.

(ii) During the course of conducting ''Kida-Muttu'', it is to be ensured that there should not be any injury caused to the goats, involving in the event, and the goats should not be intoxicated with any alcoholic substance and to knives should be tied around the legs, horns of the goats, with the ti