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Madras High CourtWP(MD)/19093/2024disposed of

Chandrasekar v. The Superintendent Of Police

2024-08-07Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.19093 of 2024 Chandrasekar

...Petitioner

Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sivagangai District.

3.The Inspector of Police, Ilayankudi Police Station, Ilayankudi, Sivagangai District.

4.The Sub Inspector of Police, Ilayankudi Police Station, Ilayankudi, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire records connected to the order in Na.Ka.No.07/ 1/6

Kaa.Aa/siva.o.ko/siva/2024 dated 01.08.2024 issued by the fourth respondent and quash the same, consequently directing the respondents to grant permission and police protection to conduct Kabaadi Tournament on 09.08.2024 and 10.08.2024 in Melayur Village, Ilayankudi Taluk, Sivagangai District.

For Petitioner : Mr.S.Malaikani For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to call for the records pertaining to the order dated 01.08.2024 passed by the fourth respondent and quash the same and consequently direct the respondents to grant permission and police protection to conduct Kabadi Tournament on 09.08.2024 and 10.08.2024 in Melayur Village, Ilayankudi Taluk, Sivagangai District.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 2/6

3. It is seen from the impugned order that the main reason assigned was that three cases came to be registered in the year 2020, but even according to the prosecution, there were no issues for the past more than three years. Except the above, the fourth respondent has not assigned any other valid reason for rejecting the request. Hence, the impugned order is hereby set aside.

4. At this juncture, the learned Additional Public Prosecutor appearing for the respondents would submit that they may be permitted to conduct the kabadi tournament from 10.00 a.m. to 10.00 p.m.

5. The learned counsel appearing for the writ petitioner would submit that they are ready to conduct the tournament from 10.00 a.m. to 10.00 p.m. for two days i.e., 09.08.2024 and 10.08.2024.

6. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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7. 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 programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to file afresh representation incorporating the date and time of the Kabadi tournament before the fourth respondent and on such representation, the fourth respondent is directed to consider the same positively and pass orders by imposing necessary conditions based on the above said circular.

8. With the above directions, this Writ Petition stands disposed of. No costs.

07.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm Note : Issue order copy today (07.08.2024) 4/6

To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sivagangai District.

3.The Inspector of Police, Ilayankudi Police Station, Ilayankudi, Sivagangai District.

4.The Sub Inspector of Police, Ilayankudi Police Station, Ilayankudi, Sivagangai District.

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

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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.19093 of 2024 Dated : 07.08.2024 6/6