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2025 Supreme(Mad) 2897

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
P. Inbathamizhan - Appellant
Versus
The Superintendent of Police, Neyveli Township Police Station - Respondent
W.P. No. 13309 of 2025, W.M.P. No. 14885 of 2025
Decided On : 15-04-2025

Advocates:
Advocate Appeared:
For the Appellant : K. Thenrajan
For the Respondent: A. Gopinath

The court emphasized the need to respect traditional events while imposing conditions to ensure public safety and animal welfare.

Headnote:(A) Municipal Laws - Writ Jurisdiction - Power of authorities to regulate traditional events - The petitioner sought permission to conduct Cock Fight in celebration of a former Chief Minister's birthday, previously done without incident - Rejection by authorities based on potential law and order issues deemed mechanical and lacking due consideration - Court permitted the event subject to strict conditions for safety and order. (Paras 1, 8-10)

(B) Legal Precedents - Prior judgments regarding similar event management authorized by the court were referenced to reinforce petitioner’s claim for permission. (Paras 4-7)

Facts of the case:
The petitioner requested police permission to conduct a traditional Cock Fight on specific dates, asserting its cultural significance and previous peaceful execution. Despite prior approvals for similar events, the application was rejected citing law and order concerns.

Findings of Court:
The impugned order was set aside and permission granted for the event with strict guidelines ensuring no harm to birds and maintaining order.

Issues: The primary issue was whether the petitioner's right to conduct a traditional event was unjustly restricted by the authorities.

Ratio Decidendi: The court ruled that past positive precedents and the cultural significance of the event necessitated the granting of permission, emphasizing the need for adherence to conditions for safety and order.

Result: Writ Petition allowed.

Table of Content
1. challenge to police rejection of cock fight event. (Para 1 , 2)
2. petitioner's requests and government response on event conditions. (Para 3 , 4 , 5)
3. court's historical precedent on similar events. (Para 6 , 7 , 8)
4. conditions imposed for the cock fight permission. (Para 9 , 10)
5. writ petition allowed with compliance required. (Para 11)

ORDER :

1. This Writ Petition has been filed challenging the impugned order of the second respondent, dated 01.04.2025 and to direct the respondents to grant police protection and permit the petitioner to conduct Cock Fight in the event of Celebrating Former Tamil Nadu Chief Minister Dr. Kalaignar Karunanidhi's Birthday near Vadakuthu Police Station, opp. to Kanniga Parameswari Textile, Neyveli between 07.00 am and 05.00 pm.

2. The petitioner averred that the Cock Fight is one of the ancient festival game being organized and conducted throughout Tamilnadu on various occasions and the same is having deep roots in our Tamil Culture through generations and which reflects traditions and ways of life. He further averred that he will assure that the cocks/roosters will not be harmed and it is simply a traditional event of farmers and the Cock Fight that was conducted last year in many districts of Tamilnadu was held peacefully without causing any harm or disturbance neither to the birds nor people and without law and order problem. Especially, the cock fight held in Theni District on 19.01.2024 was held as per the guidelines of the Hon-ble High Court as mentioned in the writ petition in W.P. No. (MD) No. 31534 of 2024. Therefore, the petitioner along with others are conducting a “Cock Fight (Vetrukkal Seval Sandai)” in the event of the celebration of the Former Tamil Nadu Chief Minister Dr.Kalaignar Karunanidhi's Birthday which is on 03.06.2025 but on the same day there are several other welfare schemes that are taking place in various parts of Tamilnadu. Hence, they are planning to conduct the Cock Fight (Vetrukkal Seval Sandai) on 07.06.2025 and 08.06.2025 near Vadakuthu Police Station, Opp. to Kanniga Parameswari Textile, Neyveli in a private land. Therefore, the petitioner submitted a representation to the first respondent, seeking permission to conduct the Cock Fight on 07.06.2025 and 08.06.2025 between 07.00 a.m. to 05.00 p.m. The respondent, without considering the above circumstances, mechanically rejected permission to conduct Cock Fight for the reason that if they conduct Cock Fight, there will be a law and order problem. Hence, the present Writ petition has been filed.

3. The learned counsel appearing for the petitioner further submits that this Court has already dealt with similar issue in W.P.(MD)No.24385 of 2024. Hence, he prays to quash the impugned order dated 01.04.2025 and for granting permission to the conduct cock fight on 07.06.2025 and 08.06.2025 between 07.00 a.m. to 05.00 p.m.

4. The learned Government Advocate (Crl. Side) appearing for the respondents would submit that the petitioner has given a representation on 29.03.2025 for conducting Cock Fight to be held on 07.06.2025 and 08.06.2025 and the same was rejected by the second respondent, since there is a direction from the Director General of Police, Tamil Nadu/Head of State Police Force, Tamil Nadu in RC.No.6898194/Crime 4(3)2024 dated 13.03.2024 regarding conduct of events involving animals and birds across the State. But the petitioner and others are ready to follow the aforesaid circular and that the writ petitioner may be permitted to give fresh representation.

5. The learned Government Advocate appearing for the respondents submits that in the name of “cock fight” since no untoward incidents shall be allowed to happen in the locality, the respondents police are more cautious in granting permission for such events and therefore, if the conditions imposed by this Court in the earlier orders for granting permission for conducting “cock fight” are imposed in this present petition, along with some addition

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