BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 05.01.2026

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P.Crl.(MD)No. 2575 of 2025

and

W.M.P(MD)No.610 of 2025

Kannan ... Petitioner

Vs.

1. The District Collector,

Tirunelveli District,

Tirunelveli.

2. The Superintendent of Police,

Tirunelveli District,

Tirunelveli.

3. The Deputy Superintendent of Police,

Valioor Sub Division,

Tirunelveli District.

4. The Inspector of Police, Tisiyanvilai Police Station,

Tisiyanvilai, Tirunelveli District. ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding issued by the 3^rd respondent vide in C.No.VLR/SD/F2025/84 dated 01.12.2025 and quash the same and further directing the respondents to grant permission and police protection for

conducting 'Cock-Flight' on 14.01.2026 and 15.01.2026 at Pattarakattivilai Village, Tirunelveli District in the event of Pongal Festival.

For Petitioner : M/s.A.Ajith Geethan For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate (Criminal Side), for R-1 to R-3 Mr.M.Muthu Manikkam, Government Advocate (crl. Side) for R-4

ORDER

This Writ Petition has been filed for Writ of Certiorarified Mandamus, to quash the impugned proceeding issued by the 3^rd respondent dated 01.12.2025 and also seeking direction to the respondents to grant permission and police protection for conducting 'Cock-Flight' on 14.01.2026 and 15.01.2026 at Pattarakattivilai Village, Tirunelveli District in the event of Pongal Festival.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl. Side) appearing for the respondent police and perused the materials available on record.

3. Through the impugned order dated 01.12.2025, the respondents refused permission and further stated that if the petitioner conducts any such ‘Cock-Flight’, appropriate criminal proceedings would be initiated against the petitioner. Aggrieved by the same, the present writ petition has been filed.

4. The contention of the petitioner is that ‘Cock-Flight’ is one of the customary festivals in Tamil Nadu and the same is conducted during the ‘Thai Pongal’ festival. Since it is a customary practice, the petitioner seeks to continue the same.

5. Per contra, the respondents vehemently objected, stating that the Hon’ble Division Bench of this Court declined permission vide order dated 21.05.2014 in W.P.(MD) No.8040 of 2014. Following the same, a learned Single Judge of this Court also declined permission vide order dated 09.10.2025 in W.P.(MD) No.27950 of 2025. However, another Hon’ble Division Bench of this Court, vide order dated 29.04.2025 in W.P.(MD) No. 13048 of 2025, permitted the conduct of ‘Kidaa-Muttu’. Since ‘Cock-Flight’ is stated to be similar in nature, the petitioner seeks similar permission.

6. Further, another learned Single Judge of the Principal Bench at Madras, vide order dated 15.04.2025 in W.P. No.13309 of 2025, had permitted the conduct of ‘Cock-Flight’.

7. Since there are inconsistent orders, the respondent police submitted that permission cannot be granted. However, the learned counsel appearing for the petitioner submitted that the Hon’ble Principal Bench passed an order dated 13.08.2025 in W.P. Nos.25985, 25986 and 25987 of 2025 in the case of Gauri Maulekhi Vs. The Additional Chief Secretary, Home and five other, wherein the earlier order dated 21.05.2014 passed in W.P.(MD) No.8040 of 2014 was referred to, and appropriate directions were issued. The relevant paragraph Nos.3 to 5 are extracted hereunder:

......

“ 3.The issue raised is with regard to the alleged cruelty on birds during the cock fight. Number of orders have been brought to the notice of this Court by learned Senior Counsel for the petitioners, including the decision in the case of S.Kannan V. The Commissioner of Police, Madurai City, Madurai and others, reported in 2014(3)

CTC 676.

4. Learned State counsel prays for and is