IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MRS. JUSTICE S.SRIMATHY
G.Diwahar – Appellant
Versus
The District Collector – Respondent
##PAGE1##
W.P(MD)No. 588 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.02.2026
CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P.CRL(MD)No. 588 of 2026
and
W.M.P.CRL(MD)154 of 2026
G.Diwahar : Petitioner
Vs.
1.The District Collector,
O/o.The District Collector,
Theni District.
2.The Superintendent of Police,
O/o.The Superintendent of Police,
Theni District.
3.The Deputy Superintendent of Police,
O/o.The Deputy Superintendent of Police,
Bodinayakanur, Theni District.
4.The Joint Director of District Animal Husbandry Zone,
Theni District, Theni.
5.The Assistant Director of District Animal Husbandry,
Uthamapalayam, Theni District.
6.The Inspector of Police,
Chinnamanur Police Station,
Chinnamanur, Theni District.
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##PAGE2##W.P(MD)No. 588 of 2026
7.The Secretary,
Animal Welfare Board, No.13/1,
3rd Sea Ward Road, Vaalmigi nagar,
Tiruvanmiyur, Chennai. : Respondents
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 pertaining to the impugned order in Na.ka.
No.03/Sa.Aa/Si.Ka.Ni/2026, dated 23.01.2026 passed by the 2nd
respondent and quash the same and consequently, direct the 2nd respondent
to permit the petitioner to conduct “Cock Fight” scheduled to be held on
01.03.2026 in the name of “Sri Muthualamman Temple Festival” at
Muthulapuram Village, Uthamapalayam Taluk, Theni District.
For Petitioner : Mr.S.Maruthu Pandian
For Respondents : Mr.M.Muthu Manikkam,
Government Advocate (Civil Side),
for R1, R4, R5 and R7.
: Mr.A.S.Abul Kalaam Azad,
Government Advocate (crl. side)
for R2, R3 and R6.
O R D E R
This Writ Petition has been filed seeking a Writ of Certiorarified
Mandamus, to quash the impugned order in Na.ka.No.
03/Sa.Aa/Si.Ka.Ni/2026, dated 23.01.2026 passed by the 2nd respondent
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##PAGE3##W.P(MD)No. 588 of 2026
and quash the same and consequently, direct the 2nd respondent to permit
the petitioner to conduct “Cock Fight” scheduled to be held on 01.03.2026
in the name of “Sri Muthualamman Temple Festival” at Muthulapuram
Village, Uthamapalayam Taluk, Theni District.
2. The learned Government Advocate (crl. Side) appearing for the
respondents 2, 3 and 6 would submit that the impugned rejection order,
dated 23.01.2026 was passed on the ground that there is every possibility
for law and order problem issue, if such programme is proceeded with.
4. Except the above, no reason was assigned in the impugned order
for rejecting the petitioner's claim. Hence, the impunged order is liable to
be set aside and is set aside.
5. At this juncture, the learned Government Advocate (crl. Side)
appearing for the respondents would submit that the Director General of
Police, Tamil Nadu / Head of State Police Force, Tamil Nadu had issued
circular in RC.No.6898194/Crime 4(3)/2024 dated 13.03.2024 regarding
conduct of events involving animals and birds across the State and they are
ready to follow the aforesaid circular and that the writ petitioner may be
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##PAGE4##W.P(MD)No. 588 of 2026
directed to give fresh representation and that they are ready to consider the
same.
6.The learned counsel appearing for the writ petitioner would
submit that they are ready to conduct the cock fight as stated by the
respondent Police and they will follow the circular and guidelines issued
by the Director General of Police.
7. Considering the submissions made by the learned counsel on
either side and taking note of the detailed circular and guidelines issued by
the Director General of Police, the petitioner is directed to give fresh
representation to the sixth respondent and on such receipt, the sixth
respondent is directed to consider the same, by taking into consideration
the Circular Memorandum dated 13.03.2024 issued by the Director
General of Police, Tamil Nadu, / Head of State Police Forc
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