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CDJ 2025 MHC 7723 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P.Crl. (MD) No. 2681 of 2025
Judges: THE HONOURABLE MRS. JUSTICE S. SRIMATHY
Parties : Siva Kumar Versus The Superintendent of Police, Madurai & Others
Appearing Advocates : For the Petitioner: A. Karthick Kumar, Advocate. For the Respondents: A.S. Abul Kalaam Azad, Government Advocate (Crl.side), R5, M. Muthumanikkam, Government Advocate (Crl.side).
Date of Judgment : 18-12-2025
Head Note :-
Subject
Judgment :-

(Prayer: This petition is filed for issuance of Writ of Certiorarified Mandamus, to callfor the records relating to the impugned order in Na.Ka.No.35/Melur PS/2025, dated 12.12.2025 passed by the 4th respondent, quash the same, and consequently direct the respondents to grant permission and provide necessary police protection to conduct the traditional “Kida Muttu” festival on 10.01.2025 at Sunnambur, near Periya Ayyan Kovil, Poovanthi Post, Melur, Madurai District.)

1. The present Writ Petition has been challenging the order passed in Na.Ka.No. 35/Melur PS/2025, dated 12.12.2025 passed by the 4th respondent and consequently direct the respondents to grant permission and provide necessary police protection to conduct the traditional “Kida Muttu” festival on 10.01.2025 at Sunnambur, near Periya Ayyan Kovil, Poovanthi Post, Melur, Madurai District.

2. This Court has already considered the said issue of Kida-Muttu in several writ petitions. In the order passed by this Court in W.P.(MD)No.16489 of 2025, dated 18.06.2025, this Court has held that the same may be permitted based on certain conditions. The relevant portion of the order is extracted hereunder:

               "3. This Court is of the considered opinion that the event can be permitted to be held subject to appropriate conditions. The second respondent is directed to issue appropriate proceedings granting permission for conducting of the event. It is open to the second respondent to stipulate appropriate conditions. The petitioner is obliged to adhere to the same. If any objection is raised by a third party, such objection shall also be duly considered before passing the order. The function is to be held on 26.06.2025. Hence, the proceedings as sought for shall be issued within a period of one week from the date of receipt of a copy of this order. Since the Sangam intends to conduct the said cultural event, the petitioner Sangam is directed to deposit Rs.5,000/- (Rupees Five Thousand only) to “The Head Master, Panchayat Union Middle School, LKB Nagar, Sakkimangalam, Madurai in the South Indian Bank Ltd., Sourashtra Colony, Meeatchi Nagar, Sakkimangalam, Madurai – 625 201 Account No. 0733053000000794 IFSC No.SBIL0000733. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under “Namakku Naame” Scheme."

3. This Court has also considered the said issue in the order passed in W.P. (MD)No.15410 of 2024, dated 11.07.2024, wherein the Learned Single Judge has held that since it is conducted annually from time immemorial, the same may be allowed based on certain conditions.

4. The Hon'ble Division Bench of this Court in the order passed in W.P.(MD) No.9597 of 2025, dated 04.04.2025, has also considered the same and granted permission with conditions. The conditions stipulated in the said order are extracted hereunder:

               "2.A similar Writ Petition was filed before this Court praying for a direction to conduct Kida Muttu, in WP(MD) No.528/2022 and this Court disposed of the said Writ Petition on 11.01.2022. The relevant paragraphs are extracted hereunder:

               “6.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 second respondent is directed to grant permission to the petitioner to conduct - Kida~Muttu- event on 22.01.2022 at Mamarthupatti, Madurai District, subject to the following conditions:~

               (i)The -Kida~Muttu- event to be held on 22.01.2022 shall be supervised by the third respondent as well as by the Veterinary Doctor of nearby Government Veterinary Hospital.

               (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.

               (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 organizers should take all precautionary measures to avoid any untoward incident while conducting the event of Kida-Muttu-.

               (v) The second respondent while issuing the proceedings permitting the holding of the event shall stipulate appropriate conditions for adhering to Covid~19 protocol. I make it clear that the order has been passed in this writ petition based on the position obtaining today. It is of~course open to the second respondent to take a call, if any further lock down restriction is imposed by the Government.

               (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.”

5. Following the same, this Court is inclined to set aside the impugned order passed in Na.Ka.No.35/Melur PS/2025, dated 12.12.2025 by the 4th respondent and is directing the third respondent to issue proceedings permitting the petitioner to hold the event by incorporating appropriate conditions as stated supra.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

 
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