Ilayaraja v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2020

CORAM

THE HONOURABLE MR. JUSTICE T. RAVINDRAN Crl.O.P.No. 18705 of 2020 Ilayaraja S/o. Athiappan ... Petitioner Vs.

1. The Superintendent of Police Superintendent of Police Office Namakkal District

2. The Inspector of Police Rasipuram Police Station Rasipuram Namakkal District 637 408 ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 1st respondent police to grant permission to the petitioner to conduct kabadi sports on 27.11.2020 and 28.11.2020 at 10 A.M to 10 P.M. at Mulluvadi Street, Opposite side to Post office, Rasipuram Old bus stand and grant police protection by considering the petitioner's representation dated 17.11.2020.

For Petitioner : Mr. S. Vinoth Kumar For Respondents: Ms. M. Prabhavathi Additional Public Prosecutor

O R D E R

Seeking for a direction to the first respondent police to grant permission to the petitioner to conduct the Kabadi sports on 27.11.2020 and 28.11.2020, the Criminal Original Petition has been laid by the petitioner.

2. According to the petitioner, in connection with the temple festival of Arulmigu Sri Nithya Sumangali Mariamman temple situated at Rasipuram, inter alia, sports events like kabadi also used to take place every year and accordingly

seeking for necessary permission for the conduct of the kabadi sports on 27.11.2020 and 28.11.2020, a representation has been given by the petitioner to the first respondent police on 17.11.2020 and the grievance of the petitioner is that, the said representation has not been considered by the respondent police and hence he has been necessitated to file the present Criminal Original Petition for appropriate reliefs.

3. When the matter is taken up for enquiry, it is represented by the Additional Public Prosecutor that the representation given by the petitioner dated 17.11.2020 has already been rejected and the rejection order has also been served on the petitioner on 20.11.2020 itself as per law.

4. In such view of the matter, the petitioner, without challenging the rejection order in the manner known to law, has rushed to this Court for seeking a direction to the first respondent police to grant permission for conducting the Kabadi sports as prayed for. Further it is also represented by the Additional Public Prosecutor that in view of the COVID situation, the temple festival itself has not been conducted and, therefore, the contention of the petitioner that the Kabadi event should be conducted independently of the temple festival, as such, cannot be countenanced and merit acceptance. It is further represented by the Additional Public Prosecutor that considering the prevailing restrictions imposed by the Government due to the pandemic situation on account of COVID 19, no event or festival of large gathering is permitted anywhere. Considering the present scenario, the relief sought for by the petitioner, as such, cannot be countenanced.

5. for the reasons aforestated, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bga To

1. The Superintendent of Police Superintendent of Police Office Namakkal District

2. The Inspector of Police Rasipuram Police Station Rasipuram Namakkal District 637 408

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No. 18705 of 2020 VSNII(CO) RMP(14/12/2020)