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Madras High CourtWP(MD)/14776/2025allowed

Mookkaiya U v. The Superintendent Of Police

2025-05-28Honourable Ms.Justice R. Poornima7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.05.2025

CORAM:

THE HONOURABLE MS.JUSTICE R.POORNIMA W.P(MD) No.14776 of 2025 U.Mookkaiya ... Petitioner Vs

1. The Superintendent of Police, O/o. the Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2. The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Ramanathapuram District.

3. The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District, Ramanathapuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Na.Ka.No.

07/NIKAL.NIRAL/MU.KA.NI/MUTHUVAI/2025 dated 23.05.2025 on the file of the respondent No.3 and quash the same as illegal and Page No. 1 of 7

consequently, direct the respondents herein to grant permission to conduct Kabadi Tournament for three days from 30.05.2025 to 01.06.2025 or any other dates as fixed by this Court at Vilangulathur Village, Mudukulathur Taluk, Ramanathapuram District.

For petitioner :Mr.T.Thirumurugan For respondents :Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor *****

O R D E R

This petition is filed by the petitioner for a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Na.Ka.No.07/NIKAL.NIRAL/MU.KA.NI/MUTHUVAI/2025, dated 23.05.2025 on the file of the respondent No.3 and quash the same as illegal and consequently, direct the respondents to grant permission to conduct Kabadi Tournament for three days from 30.05.2025 to 01.06.2025 or any other dates as fixed by this Court at Vilangulathur Village, Mudukulathur Taluk, Ramanathapuram District.

2. The learned counsel for the petitioner would submit that the petitioner is the resident and Village Head of the Vilangulathur Village Page No. 2 of 7

and there is a committee for Kabadi players, namely, "Amman 7s and Ayyanar 7s Kabadi Club". On behalf of the said committee, they conducted Kabadi tournament every year. This year also, they wished to conduct Kabadi tournament from 26.05.2025 to 28.05.2025. Hence, on behalf of the villagers, they sent a representation to the respondents seeking permission to conduct the said Kabadi tournament, but the same was rejected by the third respondent by way of the impugned order in Na.Ka.No.07/NIKAL.NIRAL/ MU.KA.NI/MUTHUVAI/2025, dated 23.05.2025 by stating that the people from different caste and communities will come to watch the Kabadi tournament and hence, there will be a high chance for dispute among themselves and lead to riot.

3. The petitioner stated that the same is not true, because, last year, they conducted the said Kabadi tournament without any issues and there was no riot happened. The respondents rejected the request made by the petitioner by stating that there was a dispute arose in the year 2022 and referred three FIRs registered during the year 2022. However, the petitioner stated that all FIRs were quashed in Crl.O.P.(MD) Nos.12636, 13627, 13628 & 13630 of 2022 by this Court. Subsequently, they have conducted Kabadi tournament in the year 2023 as usual, in a peaceful Page No. 3 of 7

manner and all the villagers were participated in the tournament and also cheered the ground and there was no issue arose in that Kabadi tournament. Hence, the petitioner requested to quash the impugned order in Na.Ka.No.07/NIKAL.NIRAL/MU.KA.NI/MUTHUVAI/2025, dated 23.05.2025 as illegal and to grant permission to conduct Kabadi tournament from 30.05.2025 to 01.06.2025.

4. The learned Additional Public Prosecutor for the respondents would submit that if the permission is granted to conduct Kabadi tournament, it will cause law and order issue and hence, the order passed by the third respondent is in order. Hence, he prayed to dismiss the Writ Petition.

5. Heard both sides and perused the records.

6. On perusal of the impugned order, it shows that permission for conducting the Kabadi tournament was refused for the reason that during the year 2022, three FIRs were filed during the Kabadi tournament. But, this Court came to know that all the FIRs were quashed and subsequently, the petitioner conducted Kabadi tournament without any dispute. Page No. 4 of 7

7. Further, Kabadi event belongs to the Tamil Nadu State and originated from the State of Tamil Nadu and if the same is restricted, it will discourage the young people, who aspire to become Kabadi players and will lead to discourage the sponsors. Hence, refusal of permission by citing the incidents happened in the year 2022 is not acceptable, as no such violence has been reported since then.

8. Now, the petitioner also undertakes to conduct the game in a peaceful manner. Hence, the order passed by the third respondent in Na.Ka.No.07/NIKAL.NIRAL/MU.KA.NI/MUTHUVAI/2025, dated 23.05.2025, is hereby set aside. This Court directs the third respondent to grant permission by imposing reasonable conditions for conducting Kabadi Tournament to the petitioner from 30.05.2025 to 01.06.2025.

9. With the abovesaid observations and directions, this Writ Petition is disposed of. No costs.

28.05.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 5 of 7

To

1. The Superintendent of Police, O/o. the Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2. The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Ramanathapuram District.

3. The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District, Ramanathapuram.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Page No. 6 of 7

R.POORNIMA,J apd W.P.(MD) No.14776 of 2025 28.05.2025 Page No. 7 of 7