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Madras High CourtWP(MD)/9263/2023disposed of

Sathishbabu v. The Superintendent Of Police

2023-04-21Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P(MD) No.8330 of 2023 Sathishbabu ... Petitioner Vs.

1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, Pudukottai 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, calling for the records relating to the impugned order passed by the 2nd respondent in Se.Mu.Aa.No.05/Pudukottai Ka.Ni/ThooDi/2023 dated 10.04.2023 and quash the same and consequently direct the respondents herein to grant permission and adequate police protection for conducting Kabadi Tournament at Arulmigu Kattaiyerum Perumal Swamy Temple Thidal, Kootampuli Village, Pudukottai Post, Thoothukudi District, from 30.04.2023 to 01.05.2023 and for consequential orders. 1/6

For Petitioner : Mr. Senthil Murugan.C For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent in Se.Mu.Aa.No.05/Pudukottai Ka.Ni/ThooDi/2023 dated 10.04.2023 and quash the same and consequently direct the respondents herein to grant permission and adequate police protection for conducting Kabadi Tournament at Arulmigu Kattaiyerum Perumal Swamy Temple Thidal, Kootampuli Village, Pudukottai Post, Thoothukudi District, from 30.04.2023 to 01.05.2023 and for consequential orders.

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 respondent Police submitted that in order to conduct the Kabadi 2/6

Tournament on 30.04.2023 and 01.05.2023, they sought permission of the police by giving a representation dated 10.04.2023, but the second respondent has rejected the writ petitioner's representation dated 10.04.2023 stating that it will create a law and order problem and the petitioner may be restricted the number of days of kabadi tournament to one day.

4. On perusal of rejection order shows that there were three specific reasons have been given in the order.

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 a fresh representation incorporating the date and place of the Kabadi Tournament before the second respondent and on such representation, the second respondent is hereby directed to consider the same and pass orders on merits and in accordance with law within a period of three days from the date of fresh representation based on the above said circular. The restriction may be imposed by the second respondent with regard to number of days of Kabadi Tournament.

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

21.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 4/6

To

1. The Superintendent of Police, Thoothukudi District.

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

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

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G.ILANGOVAN, J Indu Order made in Dated :21.04.2023 6/6