S.Narayanamoorthy v. The Sub-Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.15323 of 2017 S.Narayanamoorthy ... Petitioner Vs.

The Sub-Inspector of Police, Pavoorchatram Police Station, Pavoorchatram, Tirunelveli District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the respondent in his proceedings, dated 04.08.2017 and quash the same as illegal and consequently directing the respondent to grant permission and afford protection for conducting the Kabadi Tournament scheduled between 09.09.2017 at about 10.00 P.M. and 10.09.2017 at about 10.00 A.M. and for usage of mike set during the said tournament scheduled at Ariyankavoor Village Tenkasi Taluk, Tirunelveli District. For Petitioner : Mr.S.S.Thesigan For Respondents : Mr.N.S.Karthikeyan Additional Government Pleader

O R D E R

The petitioner has filed this Writ Petition, challenging the order passed by the respondent, refusing to grant permission to conduct the Kabadi Tournament scheduled between 09.09.2017 at about 10.00 P.M. and 10.09.2017 at about 10.00 A.M. and for usage of mike set during the said tournament scheduled at Ariyankavoor Village, Tenkasi Taluk, Tirunelveli District. 2.Heard Mr.S.S.Thesigan, the learned counsel appearing for the petitioner and Mr.N.S.Karthikeyan, the learned Additional Government Pleader appearing for the respondent. 3.According to the petitioner, he is the Treasurer of Love Birds Makkal Nala Mantram, which is a registered society and every year, the said society is conducting kabadi tournament in the village in a peaceful manner. This year, they are proposed to conduct Kabadi tournament from 09.09.2017 at about 10.00 P.

M to 10.09.2017 at about 10.00 A.M, on the eve of Gandhi Jeyanthi. They sought permission from the respondent Police. The Police rejected the said request by stating that there is a likelihood of law and order problem. Challenging the same, the present writ petition has been filed.

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4.The learned Additional Government Pleader appearing for the respondents would submit that permission may be granted subject to stringent conditions.

5.Considering the fact that the petitioner only wants to conduct Kabadi tournament and also the fact that they are conducting kabadi tournament every year without any disturbance and also the fact that the respondent police has already rejected the petitioner's application merely stating that there would be a law and order problem without mentioning a particular incident, the impugned order passed by the respondent Police is set aside and the respondent Police is directed to consider the petitioner's representation on or before 28.08.2017 and pass orders, granting permission with suitable conditions, in order to avoid any law and order problem in the village. 6.With the above direction, this writ petition is allowed. No costs.

Sd/- Assistant Registrar /True coy/ Sub Assistant Registrar To The Sub-Inspector of Police, Pavoorchatram Police Station, Pavoorchatram, Tirunelveli District.

+1cc to M/S.S.S.THESIGAN, Advocate SR.No.72849 +1cc to Special Government Pleader, SR.No. 72662 VS MAS/SKN/SAR4:23.08.2017:2P-4C W.P.(MD)No. 15323 of 2017 16.08.2017 https://hcservices.ecourts.gov.in/hcservices/