The Madras High Court recently dismissed a petition challenging the District Collector’s refusal to permit a cock fight, emphasizing that there is no enforceable legal right to organize such events.
Justice G.R. Swaminathan noted that Section 11(1)(m)(ii) and Section 11(1)(n) of the Prevention of Cruelty to Animals Act, 1960, explicitly criminalize organizing, enticing, or managing animal fights. Given this statutory bar, the court refused to grant any relief to the petitioner.
“A writ of mandamus can be issued only to enforce a legal right or a legal duty. The petitioner has no legal right. On the other hand, the statute expressly prohibits an animal fight event organized by human beings. This writ petition stands dismissed. No costs.”
Background of the Case
The petitioner had sought permission from the District Collector to organize a cock fight without knives, relying on prior orders where single judges of the High Court had allowed such events under restricted conditions.
The petitioner also argued that cock fights are prevalent in Tamil Nadu and have cultural significance, citing the film “Aadukalam”, which depicts cock fights as its central theme.
Court’s Observations
- The court noted that while cock fights may be prevalent and culturally referenced, cultural status cannot be conferred in law without statutory backing.
- The Division Bench order of 2014 expressly prohibited cock fights, and where single judge decisions conflicted with Division Bench rulings, the latter prevails.
- The Prevention of Cruelty to Animals Act criminalizes organizing, managing, or enticing animal fights.
- While the Supreme Court has, in some cases, allowed cock fights under Article 142 to render substantial justice, such powers do not extend to High Courts.
- Any legal right to conduct cock fights could only arise if the State of Tamil Nadu amends the Act, similar to the 2017 Jallikattu amendment.
“Even though cock fight can be said to be prevalent and there is even a well-known film ‘Aadukalam’ featuring it as its central theme, cultural status cannot be conferred on cock fight in the State of Tamil Nadu. The petitioner may have a case if the State enacts a law akin to the 2017 amendment made in the wake of Jallikattu agitation.”
Decision / Order
The Madras High Court dismissed the Writ Petition, holding:
- There is no enforceable legal right to conduct cock fights.
- Statutory provisions under the Prevention of Cruelty to Animals Act prohibit such activities.
- High Courts cannot grant relief contrary to clear statutory mandates.
Case Details
- Case Title: M Muventhan v. The District Collector
- Case No.: W.P(MD) No.27950 of 2025
- Bench / Judge: Justice G.R. Swaminathan
- Citation: 2025 LiveLaw (Mad) 371
- Counsel for Petitioner: Mr. S. Shanmugam
- Counsel for Respondents: Mr. M. Gangatharan, Government Advocate; Mr. A. Albert James, Government Advocate (Crl. Side)
