Allowed

R.Gowtham v. The Superintendent of Police

Madras HC12 Jan 2024WP(MD)/804/2024

Case brief

AI extract

What is this about?

The Madras High Court disposed of a writ petition directing the Superintendent of Police to grant permission to conduct a goat fight event during the Thai Pongal Festival. Allowing the plea based on consent and reliance on a prior order permitting cock-fights, the court imposed strict conditions to ensure animal welfare and public safety, including veterinary supervision and禁用 toxic intoxicants.

What did the court decide?

Direction to grant permission to hold 'Kida-Muttu' on 27.01.2024 subject to conditions of veterinary supervision, no animal injury, no intoxicants, and petitioner bearing expenses.

R.Gowtham Vs The Superintendent of Police — Madras HC (2024) — LawSathi Research

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W.P.(MD)No.804 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.01.2024

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CORAM

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THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

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W.P.(MD)No.804 of 2024

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R.Gowtham ... Petitioner

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Vs.

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The Superintendent of Police Dindigul District, Dindigul.

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2.The Deputy Superintendent of Police, Nilakttai Division, Dindigul District.

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3.The Inspector of Police, Bathalagundu Police Station, 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 to conduct “Kida - Muttu” (Goats fight) scheduled to be taken place on 27.01.2024 in connection with the Thai Pongal Festival at Kombaipatti Village, M. Kurumbapatti, Nilakottai Taluk, Dindigul District.

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For Petitioner : Mr.M.Maharaja For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

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

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W.P.(MD)No.804 of 2024

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ORDER

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This Writ Petition has been filed seeking a Writ of Mandamus, directing the Respondents to grant permission and protection to conduct “Kida - Muttu” (Goats fight) scheduled to be taken place on 27.01.2024 in connection with the Thai Pongal Festival at Kombaipatti Village, M.Kurumbapatti, Nilakottai Taluk, Dindigul District.

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2.By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

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3.The learned Counsel appearing for the Writ Petitioner would submit that as part of festival of the aforsaid village, every year they conduct the event of “Kida-Muttu” at Kombaipatti Village, M.Kurumbapatti, Nilakottai Taluk, 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. He would further submit that in order to conduct the said event on 27.01.2024, they sought permission of the Police by giving a representation dated 03.01.2024, but the Respondents have not 2/6

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

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W.P.(MD)No.804 of 2024

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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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4.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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5.The learned Counsel appearing for the Writ Petitioner would

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submit that earlier, this Court had passed an order permitting cock-fight, imposing certain conditions and similar order may be passed in this Writ Petition also.

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6.I have considered the submission of the learned Counsel

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appearing for the Writ Petitioner and the learned Additional Public Prosecutor appearing for the Respondents.

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7.A learned Single Judge of this Court, in similar circumstances,

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

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W.P.(MD)No.804 of 2024

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had 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 Respondent concerned is directed to grant permission to the Writ Petitioner to conduct 'Kida-Muttu' event on 27.01.2024 at Kombaipatti Village, M.Kurumbapatti, Nilakottai Taluk, Dindigul District, subject to the following conditions:-

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“(i)The 'Kida-Muttu' event to be held on 27.01.2024 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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(iv) It is made clear that the organizers should take all precautionary measures to avoid any untoward

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

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W.P.(MD)No.804 of 2024

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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 disposed of on these terms. No costs.

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12.01.2024

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

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Note: Issue order copy on 12.01.2024 .

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The Superintendent of Police Dindigul District, Dindigul.

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2.The Deputy Superintendent of Police, Nilakttai Division, Dindigul District.

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

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W.P.(MD)No.804 of 2024

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SATHI KUMAR SUKUMARA KURUP, J.

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3.The Inspector of Police, Bathalagundu Police Station, Dindigul 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.804 of 2024

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12.01.2024

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

R.Gowtham v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

R.Gowtham v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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