Akash.D v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR D.Akash ... Petitioner Vs.

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

2.The Inspector of Police, Kallakudi 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 Mandamus, directing the second respondent to grant permission and police protection to conduct Kabadi Tournament from 27.01.2023 at 08.00 a.m. to 29.01.2023 till 05.00 p.m. at "Kaliyamman Thidal" situated at Thenarasoor Village, Lalgudi Taluk, Trichy District connection with "Thai Pongal" by considering the petitioner's representation dated 05.01.2023. For Petitioner : Mr.S.B.Kayvin Prince For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/6

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus, directing the second respondent to grant permission and police protection to conduct Kabadi Tournament from 27.01.2023 at 08.00 a.m. to 29.01.2023 till 05.00 p.m. at "Kaliyamman Thidal" situated at Thenarasoor Village, Lalgudi Taluk, Trichy District connection with "Thai Pongal" by considering the petitioner's representation dated 05.01.2023.

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 they have been seeking permission to conduct the kabadi tournament for three days i.e., 27.01.2023 to 29.01.2023 and the time sought for conducting the kabadi tournament is 2/6

in the night time. He would further submit that they may be permitted to conduct the kabadi tournament on day time.

4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the kabdi tournament for three days i.e., 27.01.2023 from 08.00 a.m. to 05.00 p.m., 28.01.2023 from 08.00 a.m. to 05.00 p.m. and 29.01.2023 from 08.00 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 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 3/6

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 05.01.2023 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.

20.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Kallakudi Police Station, Trichy District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 20.01.2023 6/6