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Madras High CourtWP(MD)/200/2022allowed

Periyasamy v. The Superintendent Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.200 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.200 of 2022 Periyasamy ... Petitioner Vs.

1. The Superintendant of Police, Trichy District, Trichy.

2. The Deputy Superintendant of Police, Manapparai, Trichy District.

3. The Sub Inspector of Police, Vaiyampatti Police Station, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the rejection order in Na.Ka.No.13/F2PS/2021 dated 29.12.2021 passed by the 3rd respondent and quash the same and consequently direct the 2nd respondent to grant permission to conduct kabadi tournament scheduled to be held on from 14.01.2022 from 07.00 am to 07.00 pm and 15.01.2022 from 07.00 am to 07.00 pm at Pathirakaliamman Kovil Thidal, Vellalapatti Village, Manapparai Taluk, Trichy District. For Petitioner : Mr.A.Joel Paul Antony For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side).

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 2.The second respondent is the authority, who is competent to grant permission. However, the petitioner for the reasons best known had approached the third respondent. The third respondent by citing the prevalence of pandemic had denied permission for holding the petition mentioned event. The third respondent has no jurisdiction to consider the petitioner's request. Even if the petitioner had approached the third respondent, the third respondent ought to have directed the petitioner to approach the competent authority. Therefore, the impugned order is set aside on the ground of want of jurisdiction.

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W.P(MD)No.200 of 2022 3.The petitioner wants to conduct the petition mentioned sports event. It is stated that there is no communal problem. Since social life has almost returned to normalcy, the second respondent is directed to grant permission to the petitioner herein to conduct the petition mentioned sports event. It is open to the second respondent to stipulate appropriate conditions both to ensure the smooth conduct of the event and also to ensure strict adherence to Covid-19 protocol. The petitioner gives an undertaking that the organizer of the event will adhere to the norms that may be stipulated in the order granting permission. 4.The writ petition is allowed on these terms. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // 07/01/2022 Sub Assistant Registrar(CS-II) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Superintendant of Police, Trichy District, Trichy.

2. The Deputy Superintendant of Police, Manapparai, Trichy District.

3. The Sub-Inspector of Police, Vaiyampatti Police Station, Trichy District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P(MD)No.200 of 2022 06.01.2022 USK (07.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2