Inbaraj A v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR A.Inbaraj ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi City, Thoothukudi.

2.The Inspector of Police, Muthaiyapuram Police Station, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent, dated 12.06.2023 and quash the same as illegal and consequently, direct the respondents to give permission and adequate police protection and also providing sound service permission during the "Row Bagadur Erattamalai Seenivasan 162nd Birth day Lighting Kabadi Tournament" schedule to be held on 17.06.2023 at night 08.00 pm to 18.06.2023 night 08.00 pm, situated at Soosai Nagar, Muthaiyapuram, 1/6

For Petitioner : Mr.P.Banu Prasath For Respondents : Mr.B.Nambi Selvan, Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent, dated 12.06.2023 and quash the same as illegal and consequently, direct the respondents to give permission and adequate police protection and also providing sound service permission during the "Row Bagadur Erattamalai Seenivasan 162nd Birth day Lighting Kabadi Tournament" schedule to be held on 17.06.2023 at night 08.00 pm to 18.06.2023 night 08.00 pm, situated at Soosai Nagar, Muthaiyapuram,

2. Mr.B.Nambi Selvan, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 2/6

3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have already issued proceedings rejecting the representation made by the writ petitioner dated 12.06.2023 for conducting the Kabadi tournament.

4. It is seen from the impugned order dated 12.06.2023, the second respondent, without assigning any valid or acceptable reason, has rejected the writ petitioner's representation for conducting the Kabadi tournament.

5. The learned Additional Public Prosecutor appearing for the respondents would submit that the writ petitioner may be directed to give a fresh represenation indicating that there was no case pending against the petitioner and the other organizers. He would further submit that they may be permitted to conduct the kabadi tournament from 06.00 a.m. to 08.00 p.m. on 17.06.2023 and 18.06.2023.

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6. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the kabadi tournament as stated by the learned Additional Public Prosecutor.

7. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

8. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to give fresh representation as stated by the learned Additional Public Prosecutor before the second respondent and on such representation, the second respondent is hereby directed to consider the same and pass orders today itself by imposing necessary conditions based on the above said circular. 4/6

9. With the above directions, this Writ Petition stands disposed of. No costs.

16.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das Note : Issue order copy today (16.06.2023) To 1.The Superintendent of Police, Thoothukudi City, Thoothukudi.

2.The Inspector of Police, Muthaiyapuram Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

das Order made in Dated: 16.06.2023 6/6