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Madras High CourtWP(MD)/3348/2023disposed of

Ramakrishnan G v. The Superintendent Of Police

2023-02-21Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN G.Ramakrishnan ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Mudukulathur Sub Division, Ramanathapuram District.

3.The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the third respondent made in Na.Ka.No.17/Va.Ka.Aa./Muthuvai/2023 dated 15.02.2023 and quash the same as illegal and consequently, direct the third respondent to grant permission to conduct Kabadi Tournament scheduled to be held from 25.02.2023 to 26.02.2023 for the petitioner's 1/6

Sport Club namely Sekkadi Sports Club at Pallivasal Higher Secondary School Ground in Mudukulathur, Ramanathapuram District. For Petitioner : Mr.T.Veerakumar For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the third respondent made in Na.Ka.No.17/Va.Ka.Aa./Muthuvai/2023 dated 15.02.2023 and quash the same as illegal and consequently, direct the third respondent to grant permission to conduct Kabadi Tournament scheduled to be held from 25.02.2023 to 26.02.2023 for the petitioner's Sport Club namely Sekkadi Sports Club at Pallivasal Higher Secondary School Ground in Mudukulathur, Ramanathapuram District.

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. 2/6

3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have already issued proceedings on 15.02.2023 by rejecting the representation made by the writ petitioner dated 15.02.2023 for conducting the Kabadi Tournament stating that promulgation order has been passed under Section 30(2) of the Police Act and that if Kabadi Tournament is conducted in the said village, it will create a law and order problem.

4. At this juncture, the learned counsel appearing for the writ petitioner would submit that in respect of the law and order problem, it existed only in neighbouring villages, namely, Vilangkulathur and Keelakannicheri, which was subject to W.P.(MD)No.3331 of 2023 (Item No.10 today).

5. It is submitted by the respondent police, who is present in person before this Court that some of the outsiders coming to participate in the Kabadi Event, have created law and order problem and the writ petitioner may be taken care of the above said outsiders and give a fresh representation to the third respondent that may be considered on merits, 3/6

since the untoward incident was reported in this village on the earlier occasion.

6. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

7. 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 a fresh representation incorporating the date and place of the Kabadi Tournament before the third respondent and on such representation, the third respondent is hereby directed to consider the same and pass orders on merits and in accordance with law within a period of one week from the date of fresh representation based on the above said circular. 4/6

8. With the above directions, this Writ Petition stands disposed of. No costs.

21.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm Note : Issue order copy today (21.02.2023) To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Deputy Superintendent of Police, Mudukulathur Sub Division, Ramanathapuram District.

3.The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

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

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G.ILANGOVAN,J.

csm Order made in Dated: 21.02.2023 6/6