K.Nadarajan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.[MD].No.11292 of 2017 K.Nadarajan : Petitioner Vs.
1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Inspector of Police, Puliyangudi Police Station, Puliyangudi, Tirunelveli.
: Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to Na.Ka.No.14/PIPS/2017, dated 22.05.2017, on the file of the second respondent herein consequently direct the respondents to grant permission and give necessary protection to conduct the Kabadi Tournament, scheduled to be held on 07.07.2017 and 08.07.2017 at Chinthamani, Sandroor North Street, Puliyangudi, Kadayanallur Taluk, Tirunelveli District.
For Petitioner : Mr.S.M.Mohan Gandhi For Respondents : Mr.M.Govindan Special Government Pleader
O R D E R
[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.S.M.Mohan Gandhi, learned counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who appears and accepts notice for the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.
2. This Writ Petition has been filed on behalf of the public of Chinthamani and Puliyandudi, Kadayanallur Taluk, Tirunelveli District, seeking to quash the proceedings of the second respondent dated 22.05.2017, in and by which the second respondent has rejected the request of the petitioner for conducting Kabadi Tournament in the locality.
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3. On a perusal of the impugned order, we find that there is no specific instance pointed out by the second respondent as to why permission should not be granted. It appears that in the previous year also, Kabadi Tournament was conducted and there was no untoward incident happened and the impugned proceedings does not mention about any untoward incident. Therefore, in our considered view, it is a genuine attempt of the petitioner to conduct Kabadi Tournament and the second respondent should consider the request of the petitioner, unless and until there is specific instance, where there are sufficient grounds to reject the application of the petitioner. Therefore, we are inclined to interfere with the impugned proceedings.
4. Accordingly, the Writ Petition is allowed and the impugned proceedings dated 22.05.2017 passed by the second respondent is set aside and the second respondent is directed to consider the request of the petitioner for conducting Kabadi Tournament, scheduled to be held on 07.07.2017 and 08.07.2017 at Chinthamani, Sandroor North Street, Puliyangudi, Kadayanallur Taluk, Tirunelveli District and pass appropriate orders, within a period of one week from the date of receipt of a copy of this order. It is open to the second respondent to impose certain reasonable conditions, that may warrant for the purpose of conducting Kabadi Tournament in a smooth and peaceful manner and restrict the timings and the type of events, which are to be conducted etc and the organizers of the Kabadi Tournament shall strictly abide by the conditions that may be imposed by the second respondent. No costs.
Sd/- Assistant Registrar(A.S) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Inspector of Police, Puliyangudi Police Station, Puliyangudi, Tirunelveli.
+1cc to M/S. S.MOHAN GANDHI, Advocate, SR.No.60810. ORDER MADE IN W.P.[MD].No.11292 of 2017 19.06.2017 NB SDS/SV:MMS/SAR 3/20.06.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/