Dhanapalan.R v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.04.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Dhanapalan.R ... Petitioner Vs.
1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2. The Inspector of Police, Sikkal Police Station, Sikkal, Ramanathapuram District.
3. The Sub Inspector of Police, Sikkal Police Station, Sikkal, Ramanathapuram 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 pertaining to the order made in Na.Ka.No. 06/Si.Kaa.Va/Rama/2023, dated 24.04.2023 issued by the 2nd respondent and quash the same and consequently direct the 2nd and 3rd respondents to give permission and necessary protection to conduct the Kabadi on 05.05.2023, 06.05.2023 and 07.05.2023 under sun light. 1/6
For Petitioner : Mr. Kaliraj.M 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 pertaining to the order made in Na.Ka.No. 06/Si.Kaa.Va/Rama/2023, dated 24.04.2023 issued by the 2nd respondent and quash the same and consequently direct the 2nd and 3rd respondents to give permission and necessary protection to conduct the Kabadi on 05.05.2023, 06.05.2023 and 07.05.2023 under sun light.
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 Police submitted that in order to conduct the Kabadi Tournament on 05.05.2023, 06.05.2023 and 07.05.2023, they sought permission of the police by giving a representation dated 23.04.2023, but the second respondent has rejected the writ petitioner's representation 2/6
dated 23.02.2023, stating that it will create a law and order problem.
4. On perusal of rejection order shows that as per the instruction of higher officials, no permission will be granted to conduct the Kabadi tournament in Ramanathapuram District, since apprehension of law and order problem.
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 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 3/6
second respondent is hereby directed to consider the same and pass orders on merits and in accordance with law within a period of one week from the date of fresh representation based on the above said circular.
7. With the above directions, this Writ Petition stands disposed of. No costs.
28.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 4/6
To
1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2. The Inspector of Police, Sikkal Police Station, Sikkal, Ramanathapuram District.
3. The Sub Inspector of Police, Sikkal Police Station, Sikkal, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN, J Indu Order made in Dated :28.04.2023 6/6