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Madras High CourtWP(MD)/12826/2017disposed of

K.Tamilarasu, v. The Inspector Of Police

2017-07-12Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 12826 of 2017 K.Tamilarasu ... Petitioner -VsThe Inspector of Police, B-3 Police Station, Teppakulam, Madurai District.

... Respondent Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondent to provide adequate police protection and grant permission to the "Kabadi Tournament" along using loud speakers, which will be conducted at the land near to the Indiragandhi Statue, Iravathanallur, Madurai District on 15.07.2017 and 16.07.2017 about 6.00 am to 10.00 pm, based on the petitioner's representation on 28.06.2017.

For Petitioner : Mr.S.Ayyanar Prem Kumar For Respondent : Mr.A.K.Baskara Pandian, Special Government Pleader

O R D E R

The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus, to direct the respondent to provide adequate police protection and grant permission to the "Kabadi Tournament" along using loud speakers, which will be conducted at the land near to the Indiragandhi Statue, Iravathanallur, Madurai District on 15.07.2017 and 16.07.2017 about 6.00 am to 10.00 pm, based on the petitioner's representation on 28.06.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. 3.The learned counsel for the petitioner would submit that the villagers jointly decided to conduct the Kabadi tournament from 15.07.2017 and 16.07.2017 about 6.00 am to 10.00 pm at the land near to the Indiragandhi Statue, Iravathanallur, Madurai District. In this connection, a representation dated 28.06.2017 was given to the respondent police, with a request to grant permission to conduct the tournament on the above said dates, however, the respondent Police has not considered the request of the petitioner and hence, the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner further submitted that as the Kabadi is conducted in a peaceful manner by https://hcservices.ecourts.gov.in/hcservices/

the villagers, there will be no untoward incident by the people of the village.

4. The learned Additional Government Pleader appearing for the respondent has produced before this Court, a communication, dated 12.07.2017, received from the Sub Inspector, B3 Police Station, Teppakulam, Madurai District, stating that in Iravathanallur village, there was no Kabadi Tournament so far conducted by anyone. It is further stated that the place in which the Kabadi Tournament proposed is very near to N.H.49 and hence there are chances for accidents. Importantly it was pointed out that as per the intelligence report there are likely hood of clash both communal and political. Hence there is likely hood of law and order problem. Further it is also reported that the people who are living in Iravathanallur villagers are formed in several groups, and they may utilise this occasion to settle their previous enmity. In this circumstances, this Court is of the view that objection cannot be ignored having regard to the detailed statement about the ground reality.

5. Hence this Court without expressing any opinion on the merits of the petitioner's representation, is inclined to pass the following direction:

"The respondent is directed to consider the petitioner's representation dated 28.06.2017 on merits and in accordance with law on or before 14.07.2017 keeping in mind that organizing a sports event should always be encouraged and that the attention and concentration of youngsters should be drawn more in conducting such programmes not only in the interest of promoting sports but also for keeping valuable alternative resources for the youngsters to divert their energy and mind on the positive side. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To The Inspector of Police, B-3 Police Station, Teppakulam, Madurai District.

+1cc to M/S. S.AYYANAR PREM KUMAR, Advocate, SR.No.64896. +1cc to Special Government Pleader, SR.No.65258. W.P.(MD) No. 12826 of 2017 12.07.2017 cmr/ia SDS/SKN:RSK/SAR 3/13.07.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/