Kuppusamy Raja.R.K v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR R.K.Kuppusamy Raja : Petitioner Vs

1. The Deputy Superintendent Of Police, Tenkasi, Tenkasi District.

2. The Inspector of Police, Sivagiri Police Station, Tenkasi District.

: Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission and adequate police protection for conducting Kabadi Tournament at Thai Pongal Festival, Duraisamiyapuram, Sivagiri Taluk, Tenkasi District on 15.01.2023 at 12.00 a.m. to 16.01.2023 at 12.00 a.m. by considering the petitioner's representation, dated 22.12.2022.

For Petitioner : Mr.M.Ganeshkamu For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/5

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents to grant permission and adequate police protection for conducting Kabadi Tournament at Thai Pongal Festival, Duraisamiyapuram, Sivagiri Taluk, Tenkasi District on 15.01.2023 at 12.00 a.m. to 16.01.2023 at 12.00 a.m. by considering the petitioner's representation, dated 22.12.2022.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that the time sought for conducting the kabadi tournament is in the night time. He would further submit that they may be permitted to conduct the kabadi tournament from 07.00 a.m. to 07.00 p.m. for two days i.e., 12.01.2023 and 13.01.2023. 2/5

4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the kabadi tournament as stated by the learned Additional Public Prosecutor.

5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor 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 view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to file an undertaking affidavit incorporating the date and time of the Kabadi tournament before the second respondent and on such filing, the second respondent is hereby directed to consider the representation of the writ petitioner dated 22.12.2022 positively and pass orders imposing necessary conditions based on the above said circular.

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

06.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No lr Note : Issue order copy on or before 11.01.2023 To

1. The Deputy Superintendent Of Police, Tenkasi, Tenkasi District.

2. The Inspector of Police, Sivagiri Police Station, Tenkasi District.

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

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K.MURALI SHANKAR,J.

lr Order made in Dated:06.01.2023 5/5