Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Karthick

...Petitioner

Vs.

1.The Inspector of Police, Palamedu Police Station, Madurai District.

2.The Sub-Inspector of Police, Palamedu Police Station, Madurai District.

...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 pertaining to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.09/Se.Mu.Aa/2022 dated 31.07.2022 and quash the same as illegal, consequently, directing the respondents to grant permission and necessary protection to conduct the "Kabadi Event" on 13.08.2022 at 08.00 pm to 14.08.2022 at 10.00 pm at Maduvarpatti Village, Vadipatti Taluk, Madurai District. For petitioner : Mr.S.Prabhu For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/5

O R D E R

This writ petitioner filed this Writ Petition seeking to set aside the impugned order passed by the second respondent in Na.Ka.No. 09/Se.Mu.Aa/2022 dated 31.07.2022.

2.Mr.M.Sakthi Kumar, 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 submitted that they prepared to conduct the Kabadi tournament on 13.08.2022 at 08.00 p.m., to 14.08.2022 at 10.00 p.m. Hence, they have made a representation dated 31.07.2022 before the second respondent police for getting permission, which was dismissed by passing impugned order stating COVID-19 and Law and Order problem. He further submitted that the petitioner is ready to follow the COVID-19 precautionary measures and ready to give an undertaking that they will not indulge in any illegal activities, and seeks to set aside the impugned order and also re-consider the representation of the petitioner.

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4.When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) submitted that by considering the COVID-19 situation and Law and Order problems, the representation was rejected and if they follow the COVID-19 instruction and give undertaking, it will be considered.

5. Recording the same, the impugned order passed by the second respondent police in Na.Ka.No.09/Se.Mu.Aa/2022 dated 31.07.2022 hereby is set aside.

6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019, dated 09.04.2019, along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the petitioner is directed to approach the second respondent and file a fresh representation for permitting to conduct Kabadi tournament and on receipt, the second respondent is 3/5

directed to consider the representation and pass suitable orders based on the above said circular.

7. With the above direction, this writ petition is disposed of. No cost.

04.08.2022 Index :Yes/No Interner: Yes/No csm Note:Issue Order copy today (10.08.2022) To 1.The Inspector of Police, Palamedu Police Station, Madurai District.

2.The Sub-Inspector of Police, Palamedu Police Station, Madurai District.

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

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V.SIVAGNANAM, J.

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