Thiyagarajan.S v. State Represented By Its Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR S.Thiyagarajan ... Petitioner Vs.

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

2.The Sub Inspector of Police, Thorriyam 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 of impugned order passed by the second respondent in Na.Ka.No.35/Ka.Aa/Tho.Va/2022, dated 26.12.2022 and quash the same as illegal and arbitrary and also directing the respondents to grant permission and accord protection for conducting the Kabadi Tournament scheduled on 07.01.2023 and 08.01.2023 going to held in the ground situated in Kolakudipatti, Magamariamman Ground, Thottiyam Taluk, Trichy District.

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For Petitioner : Mr.P.Praveen Kumar, For Respondents : Mr.M.Muthu Manikkam, Government Advocate (Criminal Side)

ORDER

This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to call for the records of impugned order passed by the second respondent in Na.Ka.No.35/Ka.Aa/Tho.Va/2022, dated 26.12.2022 and quash the same as illegal and arbitrary and also directing the respondents to grant permission and accord protection for conducting the Kabadi Tournament scheduled on 07.01.2023 and 08.01.2023 going to held in the ground situated in Kolakudipatti, Magamariamman Ground, Thottiyam Taluk, Trichy District.

2. Mr.M.Muthu Manikkam, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that they have already issued 2/5

proceedings dated 26.12.2022 rejecting the representation, dated 22.12.2022 made by the writ petitioner for conducting the Kabadi tournament due to law and order problem. He would further submit that the petitioner may be permitted to conduct the tournament on day time i.e., from 07.00 am to 05.00 pm.

4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the tournament for two days i.e., 07.01.2023 and 08.01.2023 from 07.00 a.m., to 05.00 p.m.

5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting programme. Therefore, in 3/5

view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to file afresh representation incorporating the date and time of the Kabadi tournament before the second respondent police and on such representation, the second respondent police is hereby directed to consider the representation of the writ petitioner positively and pass orders imposing necessary conditions based on the above said circular.

7. With the above directions, this Writ Petition stands disposed of. No costs.

05.01.2023 NCC : Yes/No Index : Yes / No Internet :Yes / No das To 1.The Superintendent of Police, Trichy, Trichy District.

2.The Sub Inspector of Police, Thorriyam Police Station, Trichy District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 05.01.2023 5/5