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2026 DAILYLAW 58494 (MAD)

Dhivakaran v. The State of Tamil Nadu Rep by, The District Collector

WP Crl.(MD)/4110/2026 · 2026-07-28

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD)No.4110 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.4110 of 2026 Dhivakaran ... Petitioner Vs. 1. The District Collector, Thoothukudi, Thoothukudi District. 2. The State of Tamil Nadu, Rep By, the Superintendent of Police, Thoothukudi, Thoothukudi District. 3. The State of Tamil Nadu Rep By, the Deputy Superintendent of Police, Sathankulam, Thoothukudi District. 4. The State of Tamil Nadu, Rep By, the Inspector of Police, Sathankulam Police Station, Thoothukudi District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings dated 19.07.2026 passed by the 4th respondent and to quash the same as illegal and consequently direct the 2nd to 4th respondents to grant permission and protection for conducting the cock fight festival to be held on 03.08.2026 at Netaji Sports Club Ground, Sathankulam, Thoothukudi District, between 06.00 am., to 06.00 p.m., in connection with the Independence day celebration. 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4110 of 2026 For Petitioner : Mr.B.Santhanam Rajesh Kumar For Respondents : Mr.M.R.Priyanka Jothi (R1) Government Advocate (Civil) Mr.C.Susikumar (R2 to R4) Government Advocate (Crl.) ORDER This petition has been filed challenging the impugned proceedings dated 19.07.2026 passed by the 4th respondent and consequently direct the 2nd to 4th respondents to grant permission and protection for conducting the cock fight festival to be held on 03.08.2026 at Netaji Sports Club Ground, Sathankulam, Thoothukudi District, between 06.00 am., to 06.00 p.m., in connection with the Independence day celebration. 2. The learned counsel for the petitioner submitted that the Cock Fight is proposed to be celebrated on 03.08.2026 at Netaji Sports Club Ground, Sathankulam, Thoothukudi District, between 06.00 am., to 06.00 p.m., in connection with the Independence day celebration and the permission for the said cock fight has been rejected by the fourth respondent vide the impugned order. 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4110 of 2026 3. The learned Government Advocate appearing for the respondents strongly opposed the grant of permission for the conduct of the proposed cockfight. 4. Even though the respondent police rejected the request for permission to conduct a cockfight, this Court is of the considered view that the impugned order is liable to be set aside, as proposed event forms part of the local customs and traditional festivities of the locality and the same may be permitted, subject to strict compliance with law. Accordingly, the impugned order dated 19.07.2026 is set aside. The cock fight on 03.08.2026 at Netaji Sports Club Ground, Sathankulam, Thoothukudi District, in day time, shall be allowed subject to the following conditions :- (i) It is made clear that such an event shall be supervised by the second respondent as well as by the Veterinary Doctor of nearby Government Veterinary Hospital. (ii) It is further made clear that during the course of conducting 'cock fight', there should not be any injury to be caused to the birds and the birds should not be intoxicated, with any alcoholic substance and no knives should be tied around the legs of the birds, with the tip of the knives dipped in poisonous substances. The Veterinary Doctor shall ensure the same before the 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4110 of 2026 actual starting of the event. (iii) The petitioner shall bear the expenses towards police protection as well as the expenses towards the Veterinary Doctor. (iv) It is made clear that the organizer should take precautionary measures to avoid any untoward incident while conducting the event of cock fight. (v) Songs praising communal leader or having communal overtones should not be played. (vi) The petitioner will ensure that no flex board or hoardings depicting particular community or leader is displayed. (vii) 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. (viii) No one is allowed to enter, except the owner of the Birds which are going to participate in the event. (ix) There is a separate place allocated for the spectators. (x) According to the conditions, eligible birds are only allowed to participate in the event. If there are any objections being raised, it is left open to the concerned police officer to take a decision. (xi) If at any time, any law and order problem is created, it will always be 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4110 of 2026 left open to the 2nd respondent to abruptly stop the entire event and take action against the concerned persons in accordance with law. 4. This writ petition is allowed with the above directions. 28.07.2026 NCC : Yes / No Index : Yes / No sm Note: Issue order copy by 30.07.2026 TO:- 1. The District Collector, Thoothukudi, Thoothukudi District. 2. The Superintendent of Police, Thoothukudi, Thoothukudi District. 3. The Deputy Superintendent of Police, Sathankulam, Thoothukudi District. 4. The Inspector of Police, Sathankulam Police Station, Thoothukudi District. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4110 of 2026 L.VICTORIA GOWRI, J. Sm Order made in W.P.Crl.(MD)No.4110 of 2026 Dated 28.07.2026 6/6 https://www.mhc.tn.gov.in/judis