Manoj Prabakaran.M v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and W.M.P.(MD)No.732 of 2023 M.Manoj Prabakaran ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, Mudukulathur Sub Division, Mudukulathur, Ramanathapuram District.

3.The Sub Inspector of Police, Peraiyur Police Station, Kamuthi Taluk, Ramanathapuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings issued by the second respondent dated 30.12.2022 and quash the same as illegal and unconstitutional and consequently directing the respondents 2 and 3 to 1/6

grant permission and necessary police protection to the petitioner for conducting the Kabadi Tournament on 15.01.2023 and 16.01.2023 at Peraiyur Village Play grounds.

For Petitioner : Mr.C.Gangai Amaran For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings issued by the second respondent dated 30.12.2022 and quash the same as illegal and unconstitutional and consequently directing the respondents 2 and 3 to grant permission and necessary police protection for conducting the Kabadi Tournament on 15.01.2023 and 16.01.2023 at Peraiyur Village Play grounds.

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. 2/6

3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have already issued proceedings rejecting the representation made by the writ petitioner dated 30.12.2022 for conducting the Kabadi tournament stating that promulgation order passed under Section 30(2) police act. He would further submit that they may be permitted to conduct the kabadi tournament for two days i.e., 15.01.2023 and 16.01.2023 on day time from 07.00 a.m. to 05.00 p.m.

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 3/6

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 a fresh representation as stated by the learned Additional Public Prosecutor before the third respondent and on such representation, the third respondent is hereby directed to consider the same 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. Consequently, connected Miscellaneous Petition is closed. 11.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm Note : Issue order copy on 12.01.2023 4/6

To 1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, Mudukulathur Sub Division, Mudukulathur, Ramanathapuram District.

3.The Sub Inspector of Police, Peraiyur Police Station, Kamuthi Taluk, Ramanathapuram District.

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

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K.MURALI SHANKAR,J.

csm Order made in and W.M.P.(MD)No.732 of 2023 Dated: 11.01.2023 6/6