M.Mayilvaganam v. S.Francis Soosai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.(MD)Nos.13901 & 13902 of 2023 M.Mayilvaganam ... Appellant / 3rd Party Vs.

1.S.Francis Soosai 2.The Superintendent of Police, Pudukkottai District, Pudukkottai.

3.The Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.

... Respondents / Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order passed in W.P.(MD)No.16094 of 2023, dated 20.09.2023 on the file of this Court.

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For Appellant : Mr.R.Maheswaran For R1 : Mr.E.Mareeskumar For R2 & R3 : Mr.Veera Kathiravan, Additional Advocate General

JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The 1st respondent has instituted a Writ proceedings, seeking relief to direct the respondents 2 and 3 to grant permission to conduct cricket tournament scheduled between 13.07.2023 to 17.07.2023 at Lena Villaku Sports Ground, Thirumayam Taluk, Pudukkottai District.

2.Hearing the submissions of the respective learned counsel appearing on behalf of the parties to the lis on hand, we could able to feel that no permission is required for playing cricket by private parties outside the special camp. It is brought to our notice that the cricket tournament has not been conducted by the Government Officials of the refugee camp.

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3.The learned Additional Advocate General appearing on behalf of the respondents 2 and 3 has made a submission that no permission is required to play cricket, as it is the basic right of the Citizen. 4.Practice of filing Writ Petition, seeking Police protection for the private games is not enterainable. Only in the event of law and order issues, a complaint is to be registered and the jurisdictional Police has to initiate action in the manner contemplated under law. Conducting private tournament or to play cricket, Kabadi or any other game by local people requires no permission from the Police authorities or from the Government authorities. Thus, the question of interference by the Police would arise, if there is any law and order issues arise.

Such Writ Petitions, seeking permission are not entertainable and no Writ can be entertained against the private parties nor any relief can be granted either to give protection or permission to conduct cricket, kabadi or any other sports or events, where no prior permission is required under any statute or Rules in force. 5.It is brought to our notice that many such Writ Petitions are filed before the High Court.

whether the relief has been sought for against private persons or not and if the relief sought for is against the private persons, then such Writ Petitions are not entertainable and such matters, if required, may be put up for maintainability. 6.With the above observations, both the Writ Petitions and Writ Appeal are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S., J.) & (V.L.N., J.) 06.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.

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S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

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