Allowed

Hariharakarna.B.B v. The Superintendent of Police

Madras HC3 Mar 2023WP(MD)/4538/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filed under Article 226 of the Constitution to direct the police to grant permission for a scheduled 'Kida-Muttu' (goat fight). Following a similar precedent regarding cock-fights, this court directed the third respondent to permit the event on 18.03.2023 at Ammaiyanayakanoor Village, subject to strict conditions regarding veterina

What did the court decide?

Directed the third respondent to consider the representation and grant permission to conduct the 'Kida-Muttu' event on 18.03.2023 from 8:00 a.m. to 5:00 p.m. at Ammaiyanayakanoor Village east garden,

Hariharakarna.B.B Vs The Superintendent of Police — Writ and Judicial Review | Madras HC (2023)

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W.P.(MD)No.4538 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03.03.2023

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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.4538 of 2023

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B.B.Hariharakarna ... Petitioner

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Vs.

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

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2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Nilakkottai Circle, Dindigul.

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3.The Inspector of Police, Ammaiyanayakanoor Police Station, Dindigul, Dindigul 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 to grant permission and protection for conducting Kida-Muttu (goats fight) scheduled to be held on 18.03.2023 at Ammaiyanayakanoor Village East garden, Dindigul District, by considering the representation of the petitioner, dated 18.02.2023.

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For Petitioner : Mr.M.Benazir Begum

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

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W.P.(MD)No.4538 of 2023

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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, to direct the respondents to grant permission and protection for conducting Kida-Muttu (goats fight) scheduled to be held on 18.03.2023 at Ammaiyanayakanoor Village East garden, Dindigul District, by

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considering the representation of the petitioner, dated 18.02.2023.

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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 18.03.2023, they sought permission of the police by giving a representation dated 18.02.2023. But, the third respondent has not considered the said representation. Since no order was passed, the petitioner has come before this Court for the above said relief. He would further submit that every year, they conduct the event of 'Kida-Muttu' at Ammaiyanayakanoor 2/7

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

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W.P.(MD)No.4538 of 2023

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Village east garden, Dindigul 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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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.4538 of 2023

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This Court, in similar circumstances, allowed W.P.(MD)

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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 consider the petitioner's representation and grant permission to conduct 'Kida-Muttu' event on 18.03.2023 from 08.00 a.m. to 05.00 p.m. at Ammaiyanayakanoor Village east garden, Dindigul District, subject to the following conditions:-

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“(i) The 'Kida-Muttu' event to be held on 18.03.2023 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 towards the Veterinary Doctor.

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

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W.P.(MD)No.4538 of 2023

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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.

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03.03.2023

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NCC : Yes / No Index : Yes / No Internet : Yes / No das

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

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W.P.(MD)No.4538 of 2023

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

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2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Nilakkottai Circle, Dindigul.

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3.The Inspector of Police, Ammaiyanayakanoor Police Station, Dindigul, Dindigul District.

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

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

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W.P.(MD)No.4538 of 2023

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K.MURALI SHANKAR,J.

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das

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Order made in W.P.(MD)No.4538 of 2023

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Dated: 03.03.2023

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

Hariharakarna.B.B v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Hariharakarna.B.B v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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