Madras High CourtWP(MD)/5733/2018disposed of

S.Mariyappan v. The Superintendent Of Police

2018-03-19Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.5733 of 2018 (Criminal) S.Mariyappan ... Petitioner -Vs1. The Superintendent of Police, Tirunelveli District, Palayamkottai.

2. The Sub-Inspector of Police, Moontradaippu Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to grant permission and police protection for conducting Kabadi Tournament as scheduled to hold during the night time at about 08.00 p.m., on 28.04.2018 and 29.04.2018 at Panankulam Village, Nanguneri Taluk, Tirunelveli District on the occasion of Memorial of 70th Birthday of Former Chief Minister of Tamil Nadu, Puratchi Thalaivi Amma J.Jeyalaitha by considering the petitioner's representation dated 01.03.2018. For Petitioner : Mr.G.Sathyanarayanan For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

This writ petition has been filed by the petitioner to direct the second respondent to grant permission and police protection for conducting Kabadi Tournament as scheduled to hold during the night time at about 08.00 p.m., on 28.04.2018 and 29.04.2018 at Panankulam Village, Nanguneri Taluk, Tirunelveli District on the occassion of Memorial of 70th Birthday of Former Chief Minister of Tamil Nadu, Puratchi Thalaivi Amma J.Jeyalaitha by considering the petitioner's representation dated 01.03.2018. 2.Heard Mr.G.Sathyanarayanan, learned counsel appearing for the petitioner and Mr.N.Shanmuga Selvam, learned Additional Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner submitted that the petitioner is one of the Villagers of the said Village. The villagers are conducting the "Kabadi Tournament" for the past several years and this year, they have decided to conduct the "Kabadi Tournament" on 28.04.2018 and 29.04.2018 and for that, they have already given a representation dated 01.03.2018 to the first respondent, but so far, no order has been passed. Hence, he has filed the present writ petition.

4.The learned Government Advocate appearing for the respondents has submitted that three cases have already been registered including the offence under Section 302 IPC and hence, he strongly opposed this petition.

5.Considering the aforesaid submissions, the second respondent is directed to consider the representation submitted by the petitioner, dated 01.03.2018 and dispose of the same at early. At the time of passing order, the second respondent has to keep in mind 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.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Tirunelveli District, Palayamkottai.

2. The Sub-Inspector of Police, Moontradaippu Police Station, Tirunelveli District.

+ 1 cc TO Mr.G.Sathiyanarayanan , Advocate in SR No. 56218 + 1 cc TO The Special Government Pleader in SR No. 56857 cp AE/KKR/SAR1/27.03.2018/2P/5C W.P.(MD) No.5733 of 2018 (Criminal) 19.03.2018 https://hcservices.ecourts.gov.in/hcservices/