Vadivel.V v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR V.Vadivel ... Petitioner Vs.

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

2.The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records impugned Notice Na.Ka.No.06/C2PS/TUT/2023 dated 23.02.2023 issued by the second respondent and quash the same as illegal and consequently direct the second respondent to grant appropriate prior permission for conducting Kabbadi Match which is scheduled to be held on 04.03.2023 and 05.03.2023 in Selvi Amman Kovil Ground, Vasavappauram, Thoothukudi District. For Petitioner : Mr.K.P.Narayanakumar 1/6

For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to call for the records impugned Notice Na.Ka.No. 06/C2PS/TUT/2023 dated 23.02.2023 issued by the second respondent and quash the same as illegal and consequently direct the second respondent to grant appropriate prior permission for conducting Kabbadi Match which is scheduled to be held on 04.03.2023 and 05.03.2023 in Selvi Amman Kovil Ground, Vasavappauram, Thoothukudi 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. 3.The learned Additional Public Prosecutor appearing for the respondents would submit that they have been seeking permission to conduct the tournament for two days i.e., 04.03.2023 and 05.03.2023 and 2/6

the time sought for conducting the tournament is in the night time. He would further submit that they may be permitted to conduct the tournament on day time.

4.At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the tournament for two days i.e., 04.03.2023 from 08.00 a.m. to 08.00 p.m. and 05.03.2023 from 08.00 a.m. to 08.00 p.m.

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

6.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 3/6

General of Police, the writ petitioner is directed to file an undertaking affidavit incorporating the date and time of the Kabadi tournament before the second respondent and on such filing, the second respondent is hereby directed to consider the same positively and pass orders imposing necessary conditions based on the above said circular. 7.With the above directions, this Writ Petition stands disposed of. No costs.

28.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns Note : Issue order copy on 01.03.2023 4/6

To 1.The Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

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

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K.MURALI SHANKAR,J.

gns 28.02.2023 6/6