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CDJ 2026 MHC 7035 print Preview print Next print
Court : High Court of Judicature at Madras
Case No : W.P. Crl. No. 2507 of 2026
Judges: THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN
Parties : M. Parthiban Versus The Superintendent of Police, Tiruvallur & Another
Appearing Advocates : For the Petitioner: D. Senthil, Advocate. For the Respondents: S. Yogaraja Sekar, Government Counsel (Crl. Side).
Date of Judgment : 25-09-2026
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Prevention of Cruelty to Animals Act, 1960
- Section 11 of the Prevention of Cruelty to Animals Act, 1960
- Article 226 of the Constitution of India

2. Catch Words:
cock fight, animal cruelty, gambling, mandamus, writ of mandamus

3. Summary:
The petitioner filed a writ petition under Article 226 seeking a mandamus directing the district collector to consider his representation for permission to hold a cock‑fight on 26‑09‑2026. The respondent argued that cock‑fighting is prohibited under Section 11 of the Prevention of Cruelty to Animals Act, 1960, citing a prior judgment. The Court held that the Act bans only cruelty involving knives, blades, or gambling, not the act of cock‑fighting per se, provided it complies with the Act’s provisions. Relying on an earlier decision permitting a similar event, the Court imposed strict conditions, including veterinary supervision, no sharp instruments, no intoxication, and prohibition of gambling. The district collector was directed to consider the representation and pass orders within 24 hours. The petition was disposed of with directions and no costs.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: Writ Petition (Criminal) filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus or any other writ, order or direction or nature of writ, to direct the 1st respondent to consider the petitioner’s representation dated 27.08.2026 and grant permission and police protection for conducting cock fight on 26.09.2026 in Athivakkam Village, Thiruvallur District.)

1. Heard Mr.D.Senthil, learned counsel for the petitioner and Mr.S.Yogaraja Sekar, learned Government Counsel (Crl. Side), appearing for the respondents.

2. The petitioner seeks to conduct a cock fight on 26.09.2026. He had made an application to the 1st respondent seeking permission to indulge in the said exercise. As it has not been considered, the petitioner is before this Court.

3. Mr.D.Senthil states that the cocks used for the tournament are trained in fighting and assures this Court that no sharp instruments, such as blades or knives would be tied to the legs of the cocks at the time of fighting. He also states that no gambling would be indulged during the cock fight.

4. Per contra, Mr.s.Yogaraja Sekar states that under Section 11 of the Prevention of Cruelty to Animals Act, 1960, cock fight is banned. He also relies upon a judgment of the Division Bench of this Court in the District Collector, Thanjavur District Vs. G.Manickam, Rev.Aplw.(MD) No.129 of 2026 dated 21.08.2026, to press home this point.

5. I have carefully considered the submissions made by the learned counsel on either side. I have gone through the records.

6. What is banned under the provisions of Prevention of Cruelty to Animals Act, 1960, is gambling and when the birds are induced to fight with each other and cruelty is caused on account of tying the legs of the birds with knives and blades. Cock fight, per se, does no attract the provisions of Prevention of Cruelty to Animals Act, 1960. It has not been banned. It was initially submitted that the Director General of Police had banned cock fighting. Hence, the order in Review Petition came to be passed. Subsequently, the Director General of Police himself had clarified that his circular was issued to Field Officers so as to monitor the game and ensure that it is within the four corners of the 1960 Act. Hence, if the petitioner conducts the tournament within the four corners of the Act, then I do not see why it should not be gone through.

7. Earlier, this Court had allowed such a tournament in K.Saravanan Vs. The Superintendent of Police, Thiruvallur, W.P.Crl.No.3454 of 2025 dated 31.01.2025. Hence, I am of the view that the same conditions may be imposed and the petitioner be permitted to proceed further with the tournament.

8. Accordingly, the 1st respondent is directed to consider the petitioner’s representation dated 27.08.2026 and pass appropriate orders on merits and in accordance with law, within 24 hours of receipt of this order. The petitioner shall follow the following directions while conducting the cock-fight event:

                     (i) Such an event shall be supervised by the respondents as well as a Veterinary Doctor of near-by Government Veterinary Hospital.

                     (ii) 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 sharp instruments 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 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) The organiser should take precautionary measure 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) No one is allowed to enter the arena, except the owner of the birds which are going to participate in the event.

                     (viii) Separate place has to be allocated for the spectators.

                     (ix) According to the conditions, eligible birds are only allowed to participate in the event. If there are any certain objections being raised, it is to be taken to the concerned Police Station to take a decision.

                     (x) Neither the petitioner nor any of the parties/participants shall indulge in any gambling activities.

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

9. It is made clear that the aforesaid conditions shall be strictly followed during the event. If there is any violation, it is open to the respondents-Police to take action immediately in accordance with law.

10. With the above directions and observation, this Writ Petition (Criminal) stands disposed of. No costs.

 
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