Madras High CourtWP(MD)/1218/2018disposed of

M.Ematharmar v. The Superintendent Of Police

2018-01-23Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.1218 of 2018 M.Ematharmar ... Petitioner -Vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Surandai Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to grant permission for conducting the various sports events like cycle slow race, 100 mtr, 200mtr running race etc., from 26.01.2018 to 28.01.2018 (every day from 06.00.am., to 09.45 pm.,) based on the petitioner's representation dated 20.01.2018.

For Petitioner :

Mr.S.Alagusundar For Respondents :

Mr.V.Anand, Government Advocate

O R D E R

This petition has been filed to direct the second respondent herein to grant permission for conducting the various sports events like cycle slow race, 100 mtr, 200 mtr running race etc.,from 26.01.2018 to 28.01.2018 (every day from 06.00.am., to 09.45 pm.,) based on the petitioner's representation dated 20.01.2018.

2.The learned counsel appearing for the petitioner submitted that the village people are conducting various sports events like cycle slow race, 100 mtr, 200 mtr running race etc., from 26.01.2018 to 28.01.2018 and they have decided to celebrate the sports events at Kaloorani Village, Tirunelveli District and for https://hcservices.ecourts.gov.in/hcservices/

that they have already given a representation dated 20.01.2018 to the respondent and no order has been passed till now.

3. The learned Government Advocate for the respondents has submitted that the petitioner may be directed to file an under taking affidavit stating that no untoward incidents will happen and on such filing of under taking affidavit, the second respondent will consider the representation made by the petitioner.

4.Considering the aforesaid submissions, the petitioner is directed to file an under taking affidavit stating that no untoward incidents will happen during the sports events and on filing such affidavit and also the representation made by the petitioner, which was already given to the second respondent on 20.01.2018, the second respondent is directed pass appropriate orders on or before 25.01.2018 and also by considering the decision of the Hon'ble Supreme Court of India in the case of Church of God (Full Gospel) in India Vs. K.K.R, Majestic Colony Welfare Association and Ors, reported in 2001 - 1 - L.W. (Crl.) 233.

5.With the aforesaid observations, this writ petition is disposed of. No costs.

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

2.The Inspector of Police, Surandai Police Station, Tirunelveli District.

+1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.44035 +1CC TO Mr.S.ALAGUSUNDAR, Advocate, Sr No.43455 W.P.(MD) No.1218 of 2018 23.01.2018 das MS/PM-PN/SAR.4/24.01.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/