A.Murugesan, S/O.Andiyappan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2016

CORAM:

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM W.P(MD) No.24229 of 2016 A.Murugesan : Petitioner -vs1. The Superintendent of Police, Madurai District.

2. The Inspector of Police, Keelavalavoo Police Station, Melur Taluk, Madurai District. : Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, to direct the respondents to give permission for conducting Marathon Race and Boxing Tournament on 01.01.2017 at Saruguvalayapatty Village, based on the representation given by the petitioner, dated 08.12.2016. For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.K.P.Krishnadass Government Advocate

O R D E R

The writ petition has been filed to direct the respondents to give permission for conducting Marathon Race and Boxing Tournament on 01.01.2017 at Saruguvalayapatty Village, based on the representation of the petitioner, dated 08.12.2016. 2.The learned counsel appearing for the petitioner would submit that the petitioner is one of the members of Saruguvalayapatty Sports Club and it consists number of efficient players and participated in international events and that in order to promote and develop Marathon race, every year they have been conducting Marathon race on the eve of new year for the past 16 years without any untoward incident and this year also, they have decided to conduct the events on 01.01.2017 at Saruguvalayapatty and hence, a representation was given to the 2nd respondent on 24.11.

2016 seeking for permission and to grant adequate police protection, but the 2nd respondent orally refused to give permission and hence, on 08.12.2016 another representation was made through Registered post and that till date, without passing any orders on the https://hcservices.ecourts.gov.

representation, it was kept pending. Hence, the petitioner has come forward with this petition seeking the relief as stated above. 3.Per contra, the learned Government Advocate appearing for the respondents would submit that as per the rules with regard to Boxing, it is not permitted in the open ground and that already a law order has occurred in the Village of the petitioner during the Kabadi function, which ended in a murder of one person and in this connection, a case was registered in Crime No.232 of 2015 before the Keelavalavu Police station and that the locality of the petitioner and the neighbouring villages are very sensitive and that during the Ayyanar temple festival, already a communal problem arose between two caste people and thereafter also, so many cases were also registered with regard to communal clashes. Hence, he prayed for the dismissal of the petition.

4.Heard both sides and perused the materials available on record.

5.It is seen from the records that already there were communal clashes between two community people at the time of sports events and the petitioner's village has been identified as very sensitive village. In view of the above facts, this court is not inclined to grant the relief as prayed for the petitioner. 6.In the result, this petition is dismissed. No costs. Sd/- Assistant Registrar (C) /True Copy/ Sub Assistant Registrar To:

1. The Superintendent of Police, Madurai District.

2. The Inspector of Police, Keelavalavoo Police Station, Melur Taluk, Madurai District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 8347 ER TE/RR/SAR-IV : 21/04/2017 : 2P/4C W.P(MD)No.24229 of 2016 23.12.2016 https://hcservices.ecourts.gov.in/hcservices/