Arivarasu .K v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.2759 of 2024 Arivarasu .K ... Petitioner /vs./ 1.The Commissioner of Police Madurai City.

2.The Inspector of Police Theppakulam Police Station (L & O), Madurai City.

3. Thasildhar (South), Madurai (South), Madurai (R3 suo-motu impleaded by this Court order, dated 09.02.2024) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd Respondent to grant permission and to award adequate police protection for conducting Kabadi Tournament which is scheduled to be taken place on from 17.02.2024 to 18.02.2024 (Saturday and Sunday) at Iravadanallur N.S. Mahal Back Side Madurai City by considering the Petitioner's representation, dated 31.01.2024. 1/5

For Petitioner : Mr.S.Balaji For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

The learned Counsel for the Petitioner submits that the Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the 2nd Respondent to grant permission and to award adequate police protection for conducting Kabadi Tournament which is scheduled to be taken place on from 17.02.2024 to 18.02.2024 (Saturday and Sunday) at Iravadanallur N.S. Mahal Back Side Madurai City by considering the Petitioner's representation, dated 31.01.2024.

2. The learned Counsel for the Petitioner also invited the attention of this Court, the earlier order passed by this Court on 30.07.2019, for holding the same event. After this event, due to CORONA lockdown, the Kabadi Tournament was not held in the previous years. Therefore, only this year he has sought permission.

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3. By way of reply, The learned Government Advocate (Criminal Side), on instructions of the Respondents, submits that they have rejected the Petition of the Petitioner on the ground that there are clashes in the Village, due to political rivalry within the same Community and even otherwise between Communities. Therefore, they have rejected it. Further, the learned Government Advocate (Criminal Side) furnished the reasons along with number of cases registered due to this, out of activities in the year 2021-2022, in Iravadanallur area. As per the instructions of the Respondents, there are 12 cases pending due clashes between the groups, therefore, on the ground of breach of peace and law and order they have refused.

4. In the light of the above the Petitioner is directed to give a fresh Petition on behalf of the Organizing Committee. If there are rival groups regarding organising of Kabbadi Tournament, as expressed by the Respondents Police, the same may be referred to Tahsildar, Madurai South Taluk, as Executive Magistrate. The Thasildhar (South), Madurai, shall hold peace committee meeting. If there are no settlement among the rival groups, the Thasildhar can reject the permission. The Thasildhar, Madurai (South) is suo-motu added as necessary party / third respondent herein by this Court. 3/5

5. With the above directions, the Writ Petition is disposed of. No costs.

09.02.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No.

Ls Note: Issue Order Copy on 09.02.2024.

TO:

1.The Commissioner of Police Madurai City.

2.The Inspector of Police Theppakulam Police Station (L & O), Madurai City.

3.The Thasildhar (South), Madurai (South), Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

Ls W.P.(MD)No.2759 of 2024 09.02.2024 5/5