Petchimuthu v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.4425 of 2024 Petchimuthu ... Petitioner /vs./ 1.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thalaiyuthu Sub-Division, Tirunelveli District.
3.The Inspector of Police, Seevalaperi Police Station, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to grant permission and to provide Police protection to conduct the 'Kabadi' competition Day night match on 16.03.2024 at Saturday morning from 08.00 am to 17.03.2024 Sunday Night 10.00 p.m., in Pottal Nagar, Pacheri, Seevalaperi Village, Palayamkottai Taluk, Tirunelveli District by considering the Petitioner's representation dated 14.02.2024.
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For Petitioner : Mr.P.Rajkumar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)
ORDER
The learned Counsel for the Petitioner submitted that the Petitioner had filed this Writ Petition for issuance of Writ of Mandamus, seeking permission and to provide Police protection to conduct the 'Kabadi' competition Day night match on 16.03.2024 at Saturday morning from 08.00 am to 17.03.2024 Sunday Night 10.00 p.m., in Pottal Nagar, Pacheri, Seevalaperi Village, Palayamkottai Taluk, Tirunelveli District based on the Petitioner's representation dated 14.02.2024.
2. The learned Counsel for the Petitioner further submitted that earlier the Petitioner preferred a representation dated 31.01.2024 before the third Respondent and the said representation was neither rejected nor granted for conducting the event. Thereafter, the Petitioner preferred another representation dated 14.02.2024, which was also neither rejected nor granted. Aggrieved by the same, the Petitioner approached this Court for the appropriate relief. 2/5
3. The learned Government Advocate (Criminal Side), on instructions of the Respondents would submit that one Velu Prabakar wanted to held Kabadi match in the village. On behalf of the said Velu Prabakar, the Petitioner had come before this Court by way of filing this petition. The rival party by name Ramesh objects to hold the event in the village. He also submit that the said Velu Prabakar does not belong to the said village and it is the case and counter case. The case has been registered in Crime No.95 of 2021 for the offences punishable under Sections 294(b), 324, 506(ii) IPC and Section 3(i)(r), 3(i)(s) of SC/ST (POA) Act and another case in Crime No.96 of 2021 for the offences punishable under Sections 294(b), 506(i) IPC. Still the cases are pending before the Court concerned, which arose out of a dispute between two parties in Kabadi match. Therefore, the learned Government Advocate (Criminal Side) on instructions would further submit that the Petitioner, who is seeking permission for conducting event, was refused on the ground of caste conflict and breach of peace.
4. Considering the objections made by the learned Government Advocate (Criminal Side), regarding breach of peace in sensitive areas in Seevalaperi 3/5
Village, this Court is of the view that it is not the fit case for granting permission to conduct the Kabadi match, since there are rival parties in the village.
5. With the above observations, this Writ Petition stands dismissed. No costs.
27.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr TO:
1.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thalaiyuthu Sub-Division, Tirunelveli District.
3.The Inspector of Police, Seevalaperi Police Station, Tirunelveli District.
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SATHI KUMAR SUKUMARA KURUP , J.
Nsr Order made in W.P.(MD)No.4425 of 2024 Dated:
27.02.2024 5/5