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Madras High CourtWP(MD)/18224/2023disposed of

Prabhu @ Pragalathan v. The Superintendent Of Police

2023-07-28Honourable Dr. Justice D.Nagarjun6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN W.P.(MD) No.18224 of 2023 & W.M.P.(MD)No.15197 of 2023 Prabhu @ Pragalathan ... Petitioner vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

3.The Sub Inspector of Police, Maruvur Police Station, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the entire records pertaining to the impugned order dated 23.07.2023 passed by the second respondent and quash the same and consequently direct the respondents to accord permission and provide adequate protection for conducting Kabadi Tournament, which is scheduled to be held on 28.07.2023, 29.07.2023 and 30.07.2023 at Maruvur, Thiruvaiyaru Taluk, Thanjavur District. 1/6

For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

ORDER

This petition is filed seeking for a direction to the respondent police to grant permission and protection for conducting the Kabadi Tournament from 28.07.2023 to 30.07.2023 by quashing the orders passed by the second respondent rejecting the representation of the petitioner.

2. It is submitted by the learned counsel appearing for the petitioner that the village people have been conducting the Kabadi Tournament every year and this year also they propose to conduct Kabadi Tournament from 28.07.2023 to 30.07.2023 with more than 150 teams. Therefore, they sought for a direction to the respondents to accord permission and protection to the Kabadi Tournament.

3. The learned Government Advocate (Criminal Side) submitted a copy of the letter addressed by the Inspector of Police, Thiruvaiyaru Cirlcle, Thanjavur showing the reasons for rejection of the application, which are as follows: - 2/6

"1.That Programme is not availability in following facility ● Food arrangement ● Barracks arrangement ● Requisition letter only send to Medical Camp but not arrangement function place.

2.The Kabaddi function is conducting in men and women match so not availability in separate all the arrangements.

3.There is a possibility that there will be problems as both women and girls play Kabaddi at the same place. 4.Due to the narrow path leading to the playground, there is a possibility of problem when more players arrive.

5.There is a possibility for communal clash and law and order problem.

6.That Programme participate in more than 20 village players are involved, so create many problem that function place.

7.As there is no separate space for visitors, there is possibility of disputes with women under the influence of alcohol 3/6

8.Due to the above reasons, if this Kabaddi match is held, there will be a problem and therefore, permission is denied."

4. Considering the submissions made by both the counsel and on perusal of the records, including the letter of the Inspector of Police, Thiruvaiyaru Circle, Thanjavur District, this Court is of the opinion that keeping these many lapses, this Court cannot direct the respondent Police to grant permission to conduct Kabadi Tournament from 28.07.2023 to 30.07.2023. However, the petitioner is at liberty to approach the District Sports Authority and obtain the permission and subsequently approach the respondent Police, with a fresh application, by giving fresh dates for conducting the Tournament, after fulfilling all the requirements, on which, the Police are directed to consider the same, if the petitioner satisfies that the petitioner has made arrangements for smooth conducting of the Tournament by taking steps in respect of safety of the players, accommodation and food to be provided to the players, availability of the proper ground, etc. 4/6

5.With the above direction, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 28.07.2023 Speaking : Yes / No NCC : Yes / No Index : Yes / No mbi Note : Issue order copy on 31.07.2023 To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

3.The Sub Inspector of Police, Maruvur Police Station, Thanjavur District.

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DR.D.NAGARJUN, J.

mbi 28.07.2023 6/6