P.Pandeeswaran v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2024
CORAM
THE HON`BLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.14249 and 14250 of 2024 P.Pandeeswaran ... Petitioner versus
1. The Superintendent of Police, Office of the Superintendent of Police, Theni District.
2. The Inspector of Police, Jeyamangalam Police Station, Theni District.
3. The Sub Inspector of Police, Jeyamangalam Police Station, Theni District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 3rd respondent in his proceedings Nil dated 13.07.2024 and quash the same and consequently direct the respondents to grant permission to 1/6
the petitioner for conducting Kabadi Tournament schedule to be held on 27.07.2024 and 28.07.2024 from 8.00 p.m. to 6.00 a.m. in the name of the "Theni District Amaichur Kabadi Kazhagam Muthalam Thalaimurai Sangai" at Sankaramoorthipatti Village, Periyakulam Taluk, Theni District.
For Petitioner : Mr.S.Maruthu Pandian For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor
ORDER
The petitioner has approached this Court that his representation, seeking permission and police protection for conducting Kabadi Tournament on 27.07.2024 and 28.07.2024 from 8.00 p.m. to 6.00 a.m, at Sankaramoorthipatti Village, Periyakulam Taluk, Theni District, was rejected by the 3rd respondent, by his proceedings dated 13.07.2024, by referring the communal violence which took place in the adjacent village.
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2. The learned counsel appearing for the petitioner submits that the Kabadi tournament is being conducted by the entire villagers and there is no possibility of communal violence. However, the 3rd respondent has rejected the request of the petitioner for conducting the Kabadi tournament by referring the communal violence. Now, they are intending to conduct the Kabadi Tournament on 03.08.2024 and 04.08.2024. Therefore, he seeks for a direction to the respondent Police to grant permission for conducting the Kabadi tournament on 03.08.2024 and 04.08.2024.
3. The learned Additional Public Prosecutor submits that the tournament date is over and therefore, there is no cause of action in this petition.
4. This Court considered the rival submissions made.
5. The Police Department was established to prevent law and 3/6
order problem and to take appropriate action, if anybody takes the law into his hands. The respondent Police is expected to maintain law and order, not by rejecting such request. Now, the villagers are intending to conduct Kabadi Tournament on 03.08.2024 and 04.08.2024. Kabadi is not a prohibited game. Therefore, the impugned proceedings of the 3rd respondent dated 13.07.2024 is set aside.
6. Accordingly, this writ petition is allowed. The respondent Police is directed to grant permission to the petitioner to conduct Kabadi Tournament on 03.08.2024 and 04.08.2024 by imposing certain conditions, if any. The respondent Police shall ensure that the Kabdi Tournament is conducted in a peaceful manner. No costs. Consequently, connected miscellaneous petitions are closed. 01.08.2024 Index : Yes / No.
Internet : Yes / No.
NCC : Yes / No.
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To
1. The Superintendent of Police, Office of the Superintendent of Police, Theni District.
2. The Inspector of Police, Jeyamangalam Police Station, Theni District.
3. The Sub Inspector of Police, Jeyamangalam Police Station, Theni District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI, J.
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