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Madras High CourtWP(MD)/9420/2023disposed of

Arivalagan.K v. The Deputy Superintendent Of Police (Rural)

2023-04-24Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN W.P.(MD)No.9420 of 2023 and W.M.P(MD).No.8407 of 2023 K.Arivalagan ... Petitioner Vs.

1.The Deputy Superintendent of Police(Rural), Thanjavur.

2.The Deputy Superintendent of Police, Papanasam, Thanjavur.

3.The Inspector of police, Kabisthalam Police Station, Thanjavur.

... 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 pertaining to the impugned order passed by the first respondent in his proceedings in Na.Ka.No.06/Tha.Oo.U.Ko/2023 dated 13.04.2023 and quash the same as illegal, consequently, direct the 1/6

respondents to permit the petitioner to conduct Kabadi Tournament on 29.04.2023 to 30.04.2023 in Ganapathi Agraharam, Papanasam Taluk, Thanjavur District.

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

ORDER

This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent in his proceedings in Na.Ka.No. 06/Tha.Oo.U.Ko/2023 dated 13.04.2023 and quash the same as illegal, consequently, direct the respondents to permit the petitioner to conduct Kabadi Tournament on 29.04.2023 to 30.04.2023 in Ganapathi Agraharam, Papanasam Taluk, Thanjavur District.

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. 2/6

3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have already issued proceedings on 13.04.2023 by rejecting the representation made by the writ petitioner dated 17.03.2023 for conducting the Kabadi Tournament stating that if the Adal and Padal is conducted in the said village, it will create a law and order problem. He further submitted that the respondent police is ready to consider the petitioner's representation, if the petitioner gave a fresh representation by incorporating the date and time for the Kabbadi Match.

4. At this junture, the learned counsel for the petitioner submitted that the petitioner is ready to gave a fresh representation incorporating the date and time of the Kabadi Tournament before the third respondent.

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 3/6

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 incorporating the date and time of the Kabadi Tournament before the third respondent and on such representation, the third respondent is hereby directed to consider the same and pass orders imposing necessary conditions with regard to the time, based on the above said circular. Consequently, the connected Criminal Miscellaneous Petition is closed.

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

24.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta 4/6

To 1.The Deputy Superintendent of Police(Rural), Thanjavur.

2.The Deputy Superintendent of Police, Papanasam, Thanjavur.

3.The Inspector of police, Kabisthalam Police Station, Thanjavur.

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

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G.ILANGOVAN,J.

tta Order made in W.P.(MD)No.9420 of 2023 Dated: 24.04.2023 6/6