Allowed

Muthupandi. D v. The Superintendent of Police

Madras HC1 Mar 2023WP(MD)/3159/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition seeking permission to conduct the 'Kida-Muttu' cultural event. The Court ordered the police to grant permission subject to specific conditions including veterinary supervision and measures to prevent injury to animals.

What did the court decide?

Writ Petition allowed; Third Respondent directed to grant permission for the event on 09.04.2023 subject to specific conditions regarding veterinary supervision and animal safety.

Muthupandi. D Vs The Superintendent of Police — Pension and Retirement Benefits | Madras HC (2023)

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W.P.(MD)No.3159 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.03.2023

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CORAM

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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W.P.(MD)No.3159 of 2023 and

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W.M.P.(MD)No.2940 of 2023

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D.Muthupandi ... Petitioner

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Vs.

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1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

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2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti, Madurai.

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3.The Inspector of Police, Checkanurani Police Station, Madurai District. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to grant permission to conduct kidamuttu cultural event on 09.04.2023 in Sri manthaiyamman temple at V.Kalpulichanpatti Village, Vikkiramangalam Post, Usilampatti Taluk of Madurai District.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.3159 of 2023

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For Petitioner : Mr.R.Thirupathi For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

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ORDER

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This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents 1 to 3 to grant permission to conduct kidamuttu cultural event on 09.04.2023 in Sri manthaiyamman temple at V.Kalpulichanpatti Village, Vikkiramangalam Post, Usilampatti Taluk of Madurai District.

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Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents.

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The learned counsel appearing for the writ petitioner would

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submit that as part of festival for the temple, by name, Sri Manthaiyamman Temple every year, they conduct the event of 'KidaMuttu' at V.Kalpulichanpatti Village, Vikkiramangalam Post, Usilampatti Taluk of Madurai 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. He would further submit that in order to conduct the said event on 09.04.2023, they

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.3159 of 2023

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sought permission of the police by giving a representation dated 19.01.2023, but the respondents have not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.

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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.

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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.

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

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.3159 of 2023

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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 third respondent is directed to grant permission to the writ petitioner to conduct 'Kida-Muttu' event on 09.04.2023 from 07.00 a.m. to 05.00 p.m. at V.Kalpulichanpatti Village, Vikkiramangalam Post, Usilampatti Taluk of Madurai District, subject to the following conditions:-

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“(i) The 'Kida-Muttu' event to be held on 09.04.2023 shall be supervised by the third respondent as well as by the Veterinary Doctor of nearby Government Veterinary Hospital.

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(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 tip of the knives dipped in poisonous substances. The Veterinary Doctor shall ensure the same before starting of the event.

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(iii) The petitioner shall bear the expenses towards police protection as well as the expenses

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.3159 of 2023

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towards the Veterinary Doctor.

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(iv) It is made clear that the organizers should take all precautionary measures to avoid any untoward incident while conducting the event of 'Kida-Muttu'.

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(v) The respondent police officials while issuing the proceedings permitting the holding of the event shall impose necessary conditions in addition to the conditions mentioned above.

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(vi) All the above terms and conditions should be followed scrupulously by the petitioner and the petitioner shall file an affidavit of undertaking to the said effect before the second respondent.

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The writ petition is allowed on these terms. No costs. Consequently, connected Miscellaneous Petition is closed.

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01.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No csm

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.3159 of 2023

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K.MURALI SHANKAR,J.

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csm

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1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

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2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti, Madurai.

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3.The Inspector of Police, Checkanurani Police Station, Madurai District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Order made in W.P.(MD)No.3159 of 2023 and W.M.P.(MD)No.2940 of 2023

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Dated: 01.03.2023

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https://www.mhc.tn.gov.in/judis

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Muthupandi. D v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Muthupandi. D v. The Superintendent of Police

Case brief

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