Nambirajan @ Rajapandian v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Nambirajan @ Rajapandian ... Petitioner Vs.

1.The Deputy Superintendent of Police, Srivaikundam Sub Division, Thoothukudi District.

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

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ Certiorarified Mandamus, calling for the records in pursuant to the impugned order dated 18.03.2023 passed by the second respondent and quash the same as illegal and consequently, direct the respondents to grant permission and police protection to conduct "Kabadi" tournament from 25.03.2023 at about 06.00 p.m., to 26.03.2023 at about 10.00 p.m., at Playground in Jaint Saviors Ploytechnic College Ground, Seydunganallur, Thoothukudi District on the basis of the petitioner's representation dated 17.03.2023. 1/6

For Petitioner : Mr.K.Suyampulinga Barathi For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking a Writ Certiorarified Mandamus, calling for the records in pursuant to the impugned order dated 18.03.2023 passed by the second respondent and quash the same as illegal and consequently, direct the respondents to grant permission and police protection to conduct "Kabadi" tournament from 25.03.2023 at about 06.00 p.m., to 26.03.2023 at about 10.00 p.m., at Playground in Jaint Saviors Ploytechnic College Ground, Seydunganallur, Thoothukudi District on the basis of the petitioner's representation dated 17.03.2023.

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.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have already issued proceedings on 2/6

18.03.2023 by rejecting the representation made by the writ petitioner on 17.03.2023 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 second 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 second respondent dated 18.03.2023 is hereby set aside, the writ petitioner is directed to file a fresh representation before the second respondent and on such representation, the second respondent is hereby directed to consider the the same and 3/6

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,

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

24.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No mbi (Note:- Issue order copy on 24.03.2023) 4/6

To 1.The Deputy Superintendent of Police, Srivaikundam Sub Division, Thoothukudi District.

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

5/6

G.ILANGOVAN, J.

mbi Dated: 24.03.2023 6/6