Vijayakanth v. The Assistatnt Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2022 CORAM :
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Vijayakanth
...Petitioner
Vs.
1. The Assistant Commissioner of Police Thiruparankundram Madurai City
2. The Inspector of Police Thirunagar Police Station Madurai City
...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 2nd respondent dated 26.07.2022, and quash the same as illegal and consequently direct the 2nd respondent to give adequate police protection and also providing sound service permission during the Lighting Kabadi Tournament on 30.07.2022 at Night 08.00 pm to 31.07.2022 till morning 08.00 a.m at Thanakkankulam, Madurai District 1/6
For Petitioner : Mr.S.Sathya Chidamabaram For Respondents : Mr.M.Sakthikumar Government Advocate(Crl.Side)
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 2nd respondent dated 26.07.2022, and quash the same as illegal and consequently direct the 2nd respondent to give adequate police protection and also providing sound service permission during the Lighting Kabadi Tournament on 30.07.2022 at Night 08.00 pm to 31.07.2022 till morning 08.00 a.m at Thanakkankulam, Madurai District .
2.The learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3.The learned counsel for the petitioner would submit that the respondent police without assigning any reason rejected the permission 2/6
of the petitioner. He would also submit that for a long period they are celebrating the festival. Further they are also ready to give an undertaking that they will not indulge in any illegal activities and prays to quash the impugned order and to grant permission to conduct the program.
4.The learned Government Advocate (criminal side) appearing for the respondent police would submit that proposed place for conducting the program is a narrow place and they may be law and order problem. He would also submit that if the petitioner gives fresh representation the may be considered.
5. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondents police. 6.It is noted that the second respondent police without considering the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 passed the impugned order. 3/6
7. In view of the circular issued by the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019, the impugned order passed by the respondent police dated 26.07.2022 without assigning any reason is hereby set aside.
8. The learned counsel for the petitioner is ready to give a fresh representation to conduct kabadi Tournament and cultural programs. If the petitioner gives a fresh representation to condcut Kabadi Tournament and cultural programs, the second respondent is directed to consider the fresh representation of the petitioner and pass suitable orders based on the above said circular.
9.With the above direction, this writ petition is disposed of. No costs.
29.07.2022 Index :Yes/No Internet:Yes/No aav (Note:- Issue order copy on 29.07.2022) 4/6
To
1. The Assistant Commissioner of Police Thiruparankundram Madurai City
2. The Inspector of Police Thirunagar Police Station Madurai City 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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V.SIVAGNANAM., J aav 29.07.2022 6/6