Allowed

Arun Kumar.C v. The Superintendent of Police

Madras HC2 Mar 2023WP(MD)/4417/2023

Case brief

AI extract

What is this about?

The Court allowed a writ petition directing the respondents (police) to grant permission for the annual Kida-Muttu cultural event. The order imposed strict conditions regarding veterinary supervision, animal safety, and security.

What did the court decide?

Permission to conduct the 'Kida-Muttu' event on 15.03.2023 granted subject to conditions including veterinary supervision.

Arun Kumar.C Vs The Superintendent of Police — Service and Employment | Madras HC (2023)

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W.P.(MD)No.4417 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02.03.2023

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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.4417 of 2023

C.Arun Kumar

... Petitioner

Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

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2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

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3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai 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 Certiorarified Mandamus, calling for the records in relation to the impugned order in Na.Ka.No.04/ Ka/Aa/Tiruppu/2022 dated 20.02.2023 on the file of the third respondent and quash the same as being illegal and untenable and pass directions for granting permission to conduct Kida-Muttu cultural event scheduled on 15.03.2023 at Arulmighu Manthaiamman Temple at Pottapalayam Village, Thirupuvanam Taluk, Sivagangai District on the basis of the petitioner's representation dated 03.02.2023.

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

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W.P.(MD)No.4417 of 2023

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For Petitioner : Mr.S.Loganathan 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 Certiorarified Mandamus, calling for the records in relation to the impugned order in Na.Ka.No.04/ Ka/Aa/Tiruppu/2022 dated 20.02.2023 on the file of the

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third respondent and quash the same as being illegal and untenable and pass directions for granting permission to conduct Kida-Muttu cultural event scheduled on 15.03.2023 at Arulmighu Manthaiamman Temple at Pottapalayam Village, Thirupuvanam Taluk, Sivagangai District on the basis of the petitioner's representation dated 03.02.2023.

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Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

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The learned counsel appearing for the writ petitioner would submit that in order to conduct the kida muttu on 15.03.2023, they

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

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W.P.(MD)No.4417 of 2023

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sought permission of the police by giving a representation dated 03.02.2023, but the third respondent has rejected the writ petitioner's representation dated 20.02.2023 stating that till now kida muttu is not conducted in the said area and that if kida muttu is conducted, it will create a law and order problem. He would further submit that as part of Varshaabhishekam for the temple, by name, Arulmighu Manthaiamman Temple every year, they conduct the event of 'Kida-Muttu' at Pottapalayam Village, Thirupuvanam Taluk, Sivagangai 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.

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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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W.P.(MD)No.4417 of 2023

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The learned counsel appearing for the writ petitioner would

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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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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 writ petitioner is directed to file a fresh representation before the third respondent and on such representation, the third respondent is directed to grant permission to the writ petitioner to conduct 'Kida-Muttu' event on 15.03.2023 from 08.00 a.m. to 05.00 p.m. at Pottapalayam Village, Thirupuvanam Taluk, Sivagangai District, subject to the following conditions:-

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“(i) The 'Kida-Muttu' event to be held on 15.03.2023 shall be supervised by the third respondent

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

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W.P.(MD)No.4417 of 2023

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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 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

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W.P.(MD)No.4417 of 2023

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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.

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02.03.2023

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

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1.The Superintendent of Police, Sivagangai District, Sivagangai.

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2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

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3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

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W.P.(MD)No.4417 of 2023

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K.MURALI SHANKAR,J.

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csm

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Order made in W.P.(MD)No.4417 of 2023

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Dated: 02.03.2023

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

Arun Kumar.C v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Arun Kumar.C v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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