Francis Soosai. S v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.09.2023
CORAM
THE HON'BLE DR.JUSTICE D.NAGARJUN S.Francis Soosai ... Petitioner Vs.
1. The Superintendent of Police, Pudukottai, Pudukottai District.
2.The Inspector of Police, Namanasamuthiram Police Station, Pudukottai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to grant permission to conduct the cricket tournament, scheduled between 13.07.2023 to 17.07.2023 (06.00 AM to 06.00 PM) at Lena Vilaku sports ground, Thirumayam Taluka, Pudukottai District by considering the petitioner's representation dated 27.06.2023. For Petitioner : Mr.E.Mareeskumar For Respondents : Mr.SS.Madhavan Government Advocate (Crl. Side) 1/8
O R D E R
This petition is filed seeking for a direction to the respondents police to grant permission to conduct the cricket tournament with 64 teams scheduled between 13.07.2023 and 17.07.2023 (06.00 AM to 06.00 PM) at Lena Vilaku sports ground, Thirumayam Taluka, Pudukottai District, by considering the petitioner's representation dated 27.06.2023.
2. The petitioner is residing at Lena Villaku Srilankan Refugee camp at Pudukottai District. According to him, cricket tournament was being conducted every year among the peoples residing in the said refugee camp. On 14.06.2022, the petitioner submitted a representation before the second respondent police seeking permission to conduct the cricket tournament between 13.07.2023 and 17.07.2023 (06.00 AM to 06.00 PM) at Lena Vilaku sports ground, Thirumayam Taluka, Pudukottai District. However, the second respondent police have directed the petitioner to approach the revenue department. The petitioner has sent representation dated 27.06.2023 to the Tahsildar, 2/8
Thirumayam since no action was taken by the officials, the petitioner constrained to move the present writ petition. Learned counsel for the petitioner submits that the cricket tournament was being conducted from the year 1997 without any law and order issues and hence, the respondents police ought to have given permission for conducting the cricket tournament.
4. Learned Additional Public Prosecutor has submitted that the Revenue Divisional Officer, Pudukottai, has conducted enquiry with the residents of the refugee camp and it is found in the enquiry that the persons who have not registered in the camp have organized the cricket. Out of 88 residents of the refugee camp, 56 residents gave consent to conduct the tournament and 32 residents expressed their opinion that the tournament shall be conducted during the month of May, so that the education of the students will not get affected.
5. It is submitted that the District Sports Officer denied permission since the petitioner's association is not affiliated to the District Cricket Sports Association. It is also submitted that based on the information 3/8
given by the Inspector of Police, Q Branch and the Tahsildar, Thirumayam, in order to avoid law and order problem, the cricket tournament shall be conducted only during summer vacation after evicting the persons who are staying in the camp without permission. It is also stated that since construction work of 58 houses were commenced at the refugee camp and still work is in progress, the basic amenities to the participants of the tournament cannot be provided by the organizers. Hence, he prayed for the dismissal of this petition.
6. Heard both the learned counsel for the parties and perused the record.
7. Earlier on 12.07.2023, this Court directed the petitioner and the intervenor to make fresh representation before the Revenue Divisional Officer for conducting the tournament and also called for a report from the Revenue Divisional Officer with regard to conditions prevailing for conducting the tournament. The Revenue Divisional Officer after conducting inquiry has suggested that if the cricket tournament is conducted during the summer vacation, it will not disturb the studies of 4/8
the students.
8. On a careful perusal of the report, the Revenue Divisional Officer has not pointed out any serious issue in respect of conducting the tournament except that unauthorized persons are accommodated in the refugee camp and that the elections have to be conducted for President of the camp, construction activity is going on etc. All these aspects are nothing to do with playing cricket. he has not pointed on any issue relating to conducting of cricket tournament. The petitioner has submitted a blueprint to the police with regard to the arrangements made in respect of the accommodation, food, medical facilities including arranging the ambulance and other basic requirements to the participants during the course of cricket tournament. Since it is advised to conduct cricket tournament during the vacation on the ground that the studies of the students shall not get affected, learned counsel for the petitioner submitted that the petitioner and others are willing to conduct the tournament during weekends.
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9. In view of the above, this petition is allowed directing the petitioner to approach the respondent Police and file application by giving all the details in respect of arrangements made for cricket tournament including play grounds, accommodation to the players, toilets, medical facilities like ambulance, food, refreshment etc. on being satisfied that all the arrangements, the respondent Police are directed to provide permission and protection for cricket tournament either continuously at one stretch or during the weekends. 20.09.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No PKN 6/8
To
1. The Superintendent of Police, Pudukottai, Pudukottai District.
2.The Inspector of Police, Namanasamuthiram Police Station, Pudukottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR.D.NAGARJUN,J PKN Dated:20.09.2023 8/8