P.Ganesan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.8384 of 2018 P.Ganesan ... Petitioner Vs.

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

2.The Assistant Superintendent of Police, Cheranmahadevi Division, Tirunelveli District.

3.The District Sports Officer, Anna Stadium, Palayamkottai, Tirunelveli District.

4.The Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the Impugned Proceeding in e.f.vz;.125/nr.K.M/c.fh.f/Nriu/2018 dated 11.04.2018 passed by the 2nd Respondent and to quash the same as illegal and consequently directing the second respondent to grant permission and adequate police protection for conducting the State Level Kabaddi Tournament for Men and Women for scheduled on 05.05.2018 at 06.00 PM to 06.05.2018 at 12.00 PM at Kamarajar Thidal, Polikarai Village, Cheranmahadevi, Tirunelveli District on account of 15th year Memorail of Athlete Thirumeni.

For Petitioner : Mr.S.R.A.Ramachandhran, For Respondents : Mr.P.Kannidevan, Additional Government Pleader

O R D E R

This writ petition has been filed seeking to quash the impugned order passed by the second respondent, dated 11.04.2018 and consequently direct the second respondent to grant permission and adequate police protection for conducting the State Level Kabaddi

Tournament for Men and Women for scheduled on 05.05.2018 at 06.00 PM to 06.05.2018 at 12.00 PM at Kamarajar Thidal, Polikarai Village, Cheranmahadevi, Tirunelveli District on account of 15th year Memorail of Athlete Thirumeni.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondent.

3.According to the petitioner, he made a representation to the fourth respondent to grant permission to conduct Kabadi programme to be held on 05.05.2018 at 06.00 pm to 06.05.2018 at 12.00 pm. The said application was rejected on the ground that if the permission is granted, it will create a law and order problem. Challenging the aforesaid order, the present writ petition has been filed. 4.The learned Additional Government Pleader appearing for the respondents would submit that the fourth respondent has considered the said representation and rejected the same on the ground that if the permission is granted, it will create a law and order problem and the place mentioned in the representation is a narrow street, which is also a passage for the Adhi Thiravida People. Therefore, the petitioner's representation was rightly rejected by the fourth respondent.

5.The learned Additional Government Pleader appearing for the respondents further submitted that, if the petitioner has given a fresh representation for mentioning the alternative place of Kabadai Tournament, the respondent police is ready to consider the petitioner's fresh representation and pass orders. 6.The learned counsel for the petitioner undertakes that the petitioner will conduct the Kabadi Tournament in the alternative place and also agreed to give a fresh representation to the respondent to that effect.

7.For the reasons stated in the impugned passed by the fourth respondent rejecting the representation of the petitioner on the ground that if the permission is granted, it will create a law and order problem and at the same time no material has been placed before this Court to substantiate his contention for the rejection. 8.Considering the facts and circumstances of the case, the impugned order passed by the fourth respondent, dated 11.04.2018 is quashed and the petitioner is directed to make a fresh representation before the Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District, within two days, from today. If any such representation is received, the Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District shall consider the same and pass appropriate orders on merits and in accordance with law on or before 03.05.2018, after providing opportunity to the parties concerned.

9. With the above observations, this writ petition is allowed. No costs.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Assistant Superintendent of Police, Cheranmahadevi Division, Tirunelveli District.

3.The District Sports Officer, Anna Stadium, Palayamkottai, Tirunelveli District.

4.The Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District.

W.P.(MD)No.8384 of 2018 26.04.2018 am MS/SV-MMS/SAR-1/27.04.2018/3P.5C