Karuppasamy.M v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021 CORAM :
THE HONOURABLE Mrs.JUSTICE R.THARANI and W.M.P.(MD)No.3144 of 2021 M.Karuppasamy
...Petitioner
/Vs./ 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Deputy Superintendent of Police, Sattur, Virudhunagar District.
3.The Inspector of Police, Irukkankudi Police Station, Sattur Sub Division, Virudhunagar District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus calling for the records of the proceedings in Na.Ka.No.13/Va.Ka.Aa/Irukkankudi/2021 dated 20.02.2021 issued by the 3rd respondent quash the same and necessary protection to conduct Kabadi Competition scheduled to be held on 27.02.2021 and 28.02.2021 conducted by SMC Kabadi Club at M.Nagalapuram Thiyagi Immanuvel Sekar Playground in Sattur, Virudhunagar District, based on the petitioner's representation dated 12.02.2021.
For Petitioner :Mr.M.Pandiyan For Respondents :Mr.S.Chandra Sekar Additional Public Prosecutor
ORDER
By consent, this Writ Petition is taken up for final hearing at the admission stage itself.
2.Mr.S.Chandra Sekar, learned Additional Public Prosecutor accepts notice for the respondents.
3.On the side of the petitioner, it is stated that the petitioner has approached the third respondent and submitted a representation on 12.02.2021 for grant of permission to conduct Kabadi tournament in his area. That representation was rejected by 1/3
the third respondent on 20.02.2021. Hence, the petitioner has filed this petition praying that permission may be granted for conducting Kabadi, by way of Writ of Certiorarified Mandamus. 4.On the side of the respondents, it is stated that due to the situation prevailing in that area, there is a possibility of law and order problem and therefore, the representation of the petitioner was rejected by the third respondent.
5.On the side of the petitioner, a Notification in G.O.Ms.No.770, Revenue and Disaster Management (DM-IV) Department, dated 16.12.2020 has been submitted by the petitioner, wherein sports and religious gatherings were permitted by the Government. 6.Reply on the side of the respondents to the above submission is that there is a possibility of law and order problem in that area. In the Notification in G.O.Ms.No.770, Revenue and Disaster Management (DM-IV) Department, dated 16.12.2020, the competent authority to grant permission is only the District Collector. 7.In view of the above, this writ petition is dismissed. However, the petitioner is directed to make a fresh representation to the District Collector, Virudhunagar District. On receipt of such representation, the District Collector, Virudhunagar District, is directed to decide the issue, after considering the local situation, within a period of two days from the date of receipt of representation of the petitioner. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) sm Note :
In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Deputy Superintendent of Police, Sattur, Virudhunagar District.
3.The Inspector of Police, Irukkankudi Police Station, Sattur Sub Division, Virudhunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The District Collector, Virudhunagar District.
+1 CC to M/s.M.PANDIAN, Advocate ( SR-7029[F] dated 24/02/2021 ) 24.02.2021 pk(CO) KK(24.02.2021) 3P 7C 3/3