Madras High CourtWP(MD)/2367/2017dismissed

Nallakan v. The Deputy Superintendent Of

2017-02-14Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.2367 of 2017 Nallakan .. Petitioner Vs.

1.The Deputy Superintendent of Police, Tirunelveli Rural Division, Tirunelveli.

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

.. Respondents 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 first respondent in his proceedings e.f.vz ;.31/fh/J.f/jpypCufk; /2017 dated 28.01.2017 and quash the same as illegal and consequently directing the respondent to grant permission and afford protection for conducting the Kabadi Tournament scheduled from 25.02.2017 to 26.02.2017 between 07.00 p.m. and 09.00 p.m. at Seevalaperi, Palayamkotti Taluk, Tirunelveli District on the eve of former Chief Minister J.Jeyalalitha's Birthday anniversary and for usage of mike set during the above Kabadi Tournament.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.D.Muruganandam, Additional Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the order dated 28.01.2017 passed by the first respondent and quash the same, by way of issuing a writ of certiorarified mandamus and also for directing the respondents to give necessary permission for conducting Kabadi Tournament in the place mentioned in the petition.

https://hcservices.ecourts.gov.in/hcservices/ 2.The learned Additional Government Pleader appearing for the respondents has contended to the effect that in the village

mentioned in the petition, due to communal problem, in the year 2015, a murder has takenplace.

3.Considering the representation made on the side of the respondents, it is not conducive nor feasible to allow Kabadi Tournament in the place mentioned in the village and therefore the relief sought in the writ petition cannot be granted. However by way of changing the venue, the petitioner is at liberty to give a fresh representation to the respondents.

4.In fine, this writ petition is dismissed without costs and the petitioner is directed to give a fresh representation by way of changing the venue and the second respondent is directed to consider and dispose of the same within a period of two days from the date of receipt of the same.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Deputy Superintendent of Police, Tirunelveli Rural Division, Tirunelveli.

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

+One cc to M/s.D.Venkatesh, Advocate, SR.No.8392 +One cc to The Special Government Pleader, SR.No.8366 smn RL/5C/2P/RSK/SAR3/15.2.2017 ORDER MADE IN W.P(MD)No.2367 of 2017 14.02.2017 https://hcservices.ecourts.gov.in/hcservices/