Lemuria Educational Trust v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN W.P.(MD)No.5015 of 2023 Lemuria Educational Trust (Reg No.83/2021) Rep. by its President M.Muniasamy S/o.Mookkupoori, Door No.5-28, Allikulam Village, Kadaladi Taluk, Ramanathapuram District.
... Petitioner Vs.
1.The Superintendent of Police, Ramanathapuram District.
2.The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.
3.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in Na.Ka.No./SA.Kaa.Ni/Rama/2023, dated 26.02.2023 and 1/5
quash the same and consequently directing the third respondent herein to grant permission and adequate police protection for conducting Kabadi Tournament at Allikulam Village, Kadaladi Taluk, Ramanathapuram District from 10.03.2023 to 12.03.2023 at 6.00 a.m to 11. p.m. For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.B.Nambiselvan 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./SA.Kaa.Ni/Rama/2023 dated 26.02.2023 and quash the same as illegal and consequently, direct the third respondent to grant permission to conduct Kabadi Tournament scheduled to be held from 10.03.2023 to 12.03.2023 at 06.00 a.m to 11.00 p.m for the petitioner's Educational Trust.
2. Mr.B.Nambiselvan, 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. 2/5
3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have already issued proceedings on 26.02.2023 by rejecting the representation made by the writ petitioner dated 26.02.2023 for conducting the Kabadi Tournament stating that if Kabadi Tournament is conducted in the said village, it will create a law and order problem.
4. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.
5. It is noted that the third respondent police without considering the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 passed the impugned order.
6. In view of the circular issued by the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019, the impugned order passed by the third respondent dated 26.02.2023 is hereby set aside, the writ petitioner is directed to file a fresh 3/5
representation before the third respondent and on such representation, the third respondent is hereby directed to consider the the same and pass orders on merits and in accordance with law by following the detailed circular and guidelines issued by the Director General of Police in Rc. 007301/Genl.I (1)/2019 dated 09.04.2019, With the above directions, this Writ Petition stands disposed of. No costs.
09.03.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No tta (Note:- Issue order copy on 09.03.2023) To 1.The Superintendent of Police, Ramanathapuram District.
2.The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.
3.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
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G.ILANGOVAN,J.
tta Order made in W.P.(MD)No.5015 of 2023 Dated: 09.03.2023 5/5