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Madras High CourtWP(MD)/1329/2025disposed of

G. Sathishkumar v. The Superintendent Of Police

2025-01-10Honourable Mr Justice M. Nirmal Kumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR G. Sathishkumar ... Petitioner Vs

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

2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Puliangudi Sub Division, Tenkasi District.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd Respondent to grant permission and to provide police protection to conduct the Kabaddi competition Day night match on 14.01.2025 at Tuesday morning from 07.00 am to 16.01.2025 Wednesday early Morning 05.00 am in Kalaiyarankam opposite Immanuvel Sekaran ground and 1/6

Vadakasiamman kovil Anna Marumalarchi playground at Duraisamiyapuram village, Sivagiri Taluk, Tenkasi District and village sport competition on 16.01.2025 Thursday Morning from 07.00 am to Night 10.00 pm and 17.01.2025 Friday Morning from 07.00 am to Night 10.00 pm in Kalaiyarankam opposite Immanuvel sekaran ground and Vadakasiamman Kovil Anna Marumalarchi playground at Duraisamiyapuram village, Sivagiri Taluk, Tenkasi District. For Petitioner : Mr.D.Rajaboopathy For Respondents : Mr.A.Thiruvadikumar (R1-R3) Additional Public Prosecutor Mr.T.Indrachith (for proposed party)

ORDER

This Writ Petition has been filed to direct the 3rd Respondent to grant permission and to provide police protection to conduct the Kabbadi competition Day night match on 14.01.2025 at Tuesday morning from 07.00 am to 16.01.2025 Wednesday early Morning 05.00 am in Kalaiyarankam opposite Immanuvel Sekaran ground and Vadakasiamman kovil Anna Marumalarchi playground at Duraisamiyapuram village, Sivagiri Taluk, Tenkasi District and village sport competition on 16.01.2025 Thursday Morning from 07.00 am to 2/6

Night 10.00 pm and 17.01.2025 Friday Morning from 07.00 am to Night 10.00 pm in Kalaiyarankam opposite Immanuvel sekaran ground and Vadakasiamman Kovil Anna Marumalarchi playground at Duraisamiyapuram village, Sivagiri Taluk, Tenkasi District.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 to 3 submitted that the issue in this case was already raised in W.P.(MD) No. 28529 of 2024 and this Court vide order, dated 29.11.2024 directed the writ petitioner to file an undertaking affidavit incorporating the date and time of the Kabadi tournament before the third respondent and on such filing, the third respondent therein has directed to consider the representation of the writ petitioner, dated 08.10.2024 positively and pass orders imposing necessary conditions. The same is pending before the 3rd respondent without passing any orders till now. Again in W.P(MD) No.31396 of 2024, the same issue has been raised by one Bharatraj, who is the proposed party herein against the petitioner herein and the same was dismissed by this Court on 10.01.2025. However, suppressing the said facts for the verify same issue, the petitioner has once again come 3/6

with this petition. Hence, prays to dismiss the same by giving a direction to the 3rd respondent to comply with the order passed in WP(MD) No. 28529 of 2024.

3.In view of the aforesaid submission, it is clear that seeking the very same relief, either the petitioner or the proposed party one repeatedly Bharatraj have approached this Court through their counsels. This Court has already dealt with the issue in WP(MD) No.28529 of 2024 and directed the respondent police to pass appropriate orders based on the undertaking affidavit given by the petitioner. However, the same was not complied with by the respondent Police. 4.At this juncture, this Court feels that there is no need to pass any orders in this writ petition, except to direct the 3rd respondent to comply with the order passed by this Court in WP(MD) No.28529 of 2024, dated 29.11.2024 in accordance with law. 4/6

5.With the above direction the Writ Petition stands disposed of.

10.01.2025 NCC: Yes/No Index: Yes/No Internet : Yes/No PNM To

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

2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Puliangudi Sub Division, Tenkasi District.

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

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

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M.NIRMAL KUMAR, J.

PNM ORDER IN 10.01.2025 6/6