Ayyadurai.C v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.Ayyadurai ... Petitioner Vs.

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

2.The Sub-Inspector of Police, Nalattinputhur 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 relating to the impugned order passed by the second respondent in 45-forecast-D4 PS-2023, dated 26.02.2023, quash the same as illegal and consequently, direct the respondents to grant permission to conduct the Flood Light Kabadi competition scheduled to be held on 04.03.2023 at about 07.00 pm to 05.03.2023 at about 10.00 pm in the playground, which is situated at Chidambarampatti, Kayathar Taluk, Thoothukudi District.

1/6

For Petitioner : Mr.M.Prabu 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 relating to the impugned order passed by the second respondent in 45-forecast-D4 PS-2023, dated 26.02.2023, quash the same as illegal and consequently, direct the respondents to grant permission to conduct the Flood Light Kabadi competition scheduled to be held on 04.03.2023 at about 07.00 pm to 05.03.2023 at about 10.00 pm in the playground, which is situated at Chidambarampatti, Kayathar Taluk, 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. 2/6

3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have already issued proceedings rejecting the representation made by the writ petitioner dated 26.02.2023 for conducting the Kabadi tournament.

4. It is seen from the impugned order dated 26.02.2023, the second respondent, without assigning any valid or acceptable reason, has rejected the writ petitioner's representation for conducting the Kabadi tournament.

5. The learned Additional Public Prosecutor appearing for the respondents would submit that the writ petitioner may be directed to give a fresh represenation indicating that there was no case pending against the petitioner and the other organizers. He would further submit that they may be permitted to conduct the kabadi tournament on 04.03.2023 and 05.03.2023, from 08.00 a.m. to 08.00 p.m.

3/6

6. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the kabadi tournament as stated by the learned Additional Public Prosecutor.

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

8. 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 as stated by the learned Additional Public Prosecutor before the second respondent and on such representation, the second respondent is hereby directed to consider the same and pass orders imposing necessary conditions based on the above said circular. 4/6

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

03.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das Note : Issue order copy today (03.03.2023) To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Sub-Inspector of Police, Nalattinputhur Police Station, Thoothukudi District.

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

5/6

K.MURALI SHANKAR,J.

das Order made in Dated: 03.03.2023 6/6