G.Diwahar v. The District Collector

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 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.

¶2The 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.

¶4Except 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.

¶5At 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 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.

¶7Considering 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 Force, Chennai - 600 004, in RC.No.6898194/Crime 4(3)/2024, for conducting "Cock Fight" schedule to be held on 01.03.2026 in the name of "Sri Muthualamman Temple Festival" at Muthulapuram Village, Uthamapalayam Taluk, Theni District subject to the following conditions:

(i) At the time of event, there should not be any betting, the cocks should not be intoxicated and no knives or blades should be tied around the legs of the cocks.

(ii) It is also made clear that neither the petitioner nor any of the parties/participants shall indulge in any gambling activities. Also they will not involve in any breach of peace of communal clash.

(iii) Also the organizers of the festival shall obtain permission from the Assistant Director of Animal Husbandry of the District concerned. After obtaining permission, the Respondents 1 and 2 shall pass appropriate orders.

(iv) The event shall be supervised by the respondents as well as the Veterinary Doctor of near by Government Veterinary Hospital.

(v) The organizers of the event shall bear the expenses towards police protection as well as the expenses towards the Veterinary doctor.

(vi) All the above terms and conditions should be followed by the petitioner as well as the organizers of the event and the organizers of the event shall file an affidavit of undertaking to the said effect before the Respondents. Only on filing of such undertaking, the Respondent Police shall accord permission for conducting the event.

¶8It is also made clear that the aforesaid conditions shall be strictly followed during the event and if there is any violation, it is open to the respondent police to take action immediately in accordance with law.

¶9With the above directions, the Writ Petition is disposed of. No costs.

05.02.2026 NCC : Yes/ No Index :Yes/No Internet : Yes/ No KSA Note : Issue a copy of order on 11.02.2206 To

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.

7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY, J KSA W.P(MD)No.588 of 2026

05.02.2026

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. 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.