S.Thangaraj v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15470 of 2019 and W.M.P.(MD)Nos.12109 and 12111 of 2019 S.Thangaraj ... Petitioner Vs 1.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

2.The Inspector of Police, Kadayam Police Station, Tirunelveli District.

3.The Sub-Inspector of Police, Kadayam Police Station, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 27.06.2019, on the file of the respondent No.3, and quash the same as illegal and consequently seeking for a direction to direct the respondent No.1 to grant permission for conducting Kabadi Matches from 13.07.2019, 06.00 p.m. to 14.07.2019 afternoon 12.00 p.m. at Saervaikaran Patti, Ambasamudram Taluk, Tirunelveli District or any other time within the time frame stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

The petitioner wants to conduct Kabadi matches from 13.07.2019, 06.00 p.m. to 14.07.2019, 12.00 noon at the petition mentioned place. The petitioner had given an application addressed to the second respondent. But then, the petitioner's request was rejected by the third respondent. Hence, this writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

2.It is only the first respondent, who is competent to grant permission. It is not open to the third respondent to reject the same. It is clear and obvious that the third had gone beyond his jurisdiction.

3.The learned Additional Public Prosecutor would submit that the petitioner can approach the first respondent with a proper request and that it would be considered on merits. 4.Taking note of the paucity of time, I am of the view that direction can be straightaway issued in this writ petition. After all the petitioner wants to hold Kabadi tournment, which is a native sport. It is also to be presided over by a well know political personality. Taking note of all these aspects, this Court directs the first respondent to permit the petitioner to host the petition mentioned Kabadi tournment. It is of course open to the first respondent to incorporate appropriate conditions to ensure the smooth conduct of the event.

5.With these observations, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(T & P) // True Copy // Sub Assistant Registrar(CS) ias To:

1.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

2.The Inspector of Police, Kadayam Police Station, Tirunelveli District.

3.The Sub-Inspector of Police, Kadayam Police Station, Tirunelveli District.

+2CC TO MR.T.LAJAPATHI ROY, Advocate Sr. No. 74713 & 11514 W.P.(MD)No.15470 of 2019 11.07.2019 TR (11.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/