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Madras High CourtWP(MD)/10975/2023disposed of

Ramasubramanian @ Kannan v. The Deputy Superintendent Of Police

2023-04-28Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Ramasubramanian @ Kannan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

2.The Inspector of police, R.S.Mangalam Police Station, 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, to call for the records on the file of the 2nd respondent in connection with the impugned order of rejection passed by him vide proceedings in Na.Ka.No.10/D5PSRSM/2023 dated 22.04.2023 and quash the same as illegal, arbitrary and consequently direct the grant permission and necessary protection to conduct Rekla Race and Horse Race Scheduled to be held on 30.04.2023 between 6.00 a.m., and 12.00 a.m., in Sanaveli Village in celebration of 70th Birthday of Hon'ble Chief Minister, Tamil 1/6

Nadu and Centenary function of Doctor Kalaignar M.Karunanithi, former Chief Minister of Tamil Nadu in the based on the petitioner representation dated 10.04.2023.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.B.Nambiselvam Additional Public Prosecutor

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant permission to conduct Rekla Race and Horse Race Scheduled to be held on 30.04.2023 between 6.00 a.m., and 12.00 a.m., in Sanaveli Village in celebration of 70th Birthday of Hon'ble Chief Minister, Tamil Nadu and Centenary function of Doctor Kalaignar M.Karunanithi, former Chief Minister of Tamil Nadu, on the basis of petitioner's representation dated 10.04.2023.

2. Mr. B.Nambiselvam, 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 been seeking permission to conduct the tournament on 30.04.2023 between 6.00 a.m., and 12.00 a.m. The petitioner's representation was already rejected. If any fresh representation is made by the petitioner, restricting the time and as well as suggesting alternative date and alternative place, the petitione's representation will be considered favourably by the second respondent.

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 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 restricting the time of the Kabadi tournament on 3/6

alternative date and time, before the second respondent and on such representation, the second respondent is hereby directed to consider the representation of the writ petitioner, positively and pass orders imposing necessary conditions based on the above said circular and considering the ground situation.

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

28.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 4/6

To 1.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

2.The Inspector of police, R.S.Mangalam Police Station, Ramanathapuram District.

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G.ILANGOVAN, J pnn Order made in Dated :28.04.2023 6/6