T.Harikara Suthan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2016
CORAM:
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.14235 of 2016 T.Harikara Suthan ... Petitioner -Vs1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District.
3. The Inspector of Police, Oothumalai Police Station, Oothumalai, Tirunelveli District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings in 36/SDOH/Camp/2016, dated 27.07.2016 of the 2nd respondent, quash the same and consequently direct the respondents to grant permission and necessary police protection to conduct Kabaddi Tournament by Merukseemai Rethathana Kalagam which is to be held at Venkateshwarapuram @ Rediyarpatti, near North Amman Kovil, Alangulam Taluk, Tirunelveli District on 20.08.2016 at 10.00 p.m. to 10.00 a.m. based on the petitioner's representation dated 27.07.2016.
For Petitioner :
Mr.A.P.Muthupandian For Respondents :
Mr.D.Muruganandam, Addl. Govt. Pleader
O R D E R
The writ petition has been filed praying to quash the impugned order passed by the second respondent dated 27.07.2016 with a consequential direction to the second respondent to provide police protection and permission to the petitioner to conduct Kabaddi
Tournament at Venkateshwarapuram @ Rediyarpatti, near North Amman Kovil, Alangulam Taluk, Tirunelveli District on 20.08.2016 based on the petitioner's representation dated 27.07.2016.
2. Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
4. The learned counsel appearing for the petitioner would submit that the tournament is being conducted by the villagers regularly in order to promote harmony during the above said festival period. He would further submit that the representation given to the second respondent was rejected vide the impugned order dated 27.07.2016.
5. The learned Additional Government Pleader appearing for the respondents on instructions would submit that as several cases have been registered due to caste dispute in the locality and also considering the law and problem prevalent in the area, the permission for conducting the tournament was rejected.
6. The apprehension of the second respondent Police cannot be brushed aside. However, the reasons alleged may not exist as of now and as the situation is liable to change, the petitioner is permitted to make a fresh representation.
7. Accordingly, the petitioner is directed to make a fresh representation to the second respondent in person on 11.08.2016 and on receipt of such representation, the second respondent is directed to consider the same and pass appropriate orders on merits and as per law forthwith, as the tournament is scheduled to be held on 20.08.2016.
8. With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar
To:
1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District.
3. The Inspector of Police, Oothumalai Police Station, Oothumalai, Tirunelveli District.
+ 1 CC TO MR.A.P.MUTHU PANDIAN, ADVOCATE IN SR No. 42704 + 1 CC TO SPECIAL GOVERNMENT PLEADER, IN SR No. 42919 GCG TE/NGM-MP/SAR-AE : 09/08/2016 : 3P/6C (IT) W.P(MD)No.14235 of 2016 08.08.2016