Kaleeshwaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2020 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Kaleeshwaran ... Petitioner vs.

1)The District Collector, Office of the District Collector, Madurai.

2)The Commissioner of Police, Office of the Commissioner of Police, Madurai.

3)The Inspector of Police, S.S.Colony Police Station, Madurai.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to direct the respondent No.3 to provide permission to conduct Kabadi competition from 28.11.2020 to 29.11.2020 or any other date at Madakulam, Madurai District by considering the representation dated 22.11.2020 in accordance with law, within the time stipulated by this Hon'ble Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.Srinivasan Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed to direct the 3rd respondent to provide permission to conduct Kabadi competition from 28.11.2020 to 29.11.2020 or any other date at Madakulam, Madurai District by considering the representation dated 22.11.2020 in accordance with law, within the time stipulated by this Court. 2.The learned counsel for the petitioner would state that the petitioner and village people planned to conduct Kabadi competition from 28.11.2020 to 29.11.2020 at the abovesaid place without creating any law and order problem. Therefore, the petitioner submitted a petition to the 3rd respondent on 22.11.2020 in person and the 3rd respondent did not give permission citing Covid-19 infection preventive measures. The learned counsel would further state that the Government have issued G.O.Ms.No.654, Revenue and Disaster Management (DM-IV) Department, dated 21.11.2020 permitting cultural events/functions from 25.11.2020 in 1/3

closed spaces with certain conditions. Since the date of Kabadi competition is over, the learned counsel would pray that the petitioner may be permitted to make a fresh representation for conducting Kabadi competition on a different date and the same may be directed to be considered by the 3rd respondent and orders may be passed in the light of G.O.Ms.No.654, Revenue and Disaster Management (DM-IV) Department, dated 21.11.2020, within a time frame to be fixed by this Court.

3.The learned Government Advocate (Crl.Side) would state that if the petitioner makes a fresh representation seeking permission to conduct kabadi competition for a different date, the same will be disposed of by the 3rd respondent in the light of G.O.Ms.No.654 within a time frame to be fixed by this Court. 4.Heard the learned counsel for the petitioner as well as the learned Government Advocate(Crl.Side) for the respondents. 5.Considering the submissions on either side, without going into the merits of the case, the petitioner is directed to make a fresh representation to the 3rd respondent forthwith for conducting Kabadi competition on a different date. On receipt of such representation, the 3rd respondent shall consider and pass orders thereon in the light of G.O.Ms.No.654, Revenue and Disaster Management (DM-IV) Department, dated 21.11.2020, within a period of one week from the date of receipt of the representation. 6.The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) bala Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

2/3

To 1)The District Collector, Office of the District Collector, Madurai.

2)The Commissioner of Police, Office of the Commissioner of Police, Madurai.

3)The Inspector of Police, S.S.Colony Police Station, Madurai.

4)The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.R.ALAGUMANI, Advocate ( SR-23768[F] dated 03/12/2020 ) ORDER MADE IN W.P(MD)No.17247 of 2020 DATED : 01.12.2020 ARK(CO) KM (10.12.2020) 3P 6C 3/3