Sanjeev Gandhi v. The State Rep By The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Sanjeev Gandhi ... Petitioner Vs.

1.The State represented by The Superintendent of Police, Office of the Superintendent, Madurai District.

2.The Inspector of Police, Melavalavu 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 Mandamus, directing the respondents herein to accord necessary permission and give police protection to conduct the Kabadi tournament at Muthuvelpatti, Melur Taluk, Madurai District, on 10.12.2022 and 11.12.2022 at about 10.00 p.m., to 06.00 p.m., respectively on the basis of the petitioner's representation dated 30.11.2022.

For Petitioner : Mr.J.Vishnu For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/6

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents herein to accord necessary permission and give police protection to conduct the Kabadi tournament at Muthuvelpatti, Melur Taluk, Madurai District, on 10.12.2022 and 11.12.2022 at about 10.00 p.m., to 06.00 p.m., respectively on the basis of the petitioner's representation dated 30.11.2022.

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.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that the place where the Kabadi tournament scheduled is a sensitive area and that they may be permitted to conduct the tournament on day time, but the time sought for conducting the tournament is in the night time.

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4. The learned counsel appearing for the writ petitioner would submit that they are ready to conduct the tournament for two days i.e., 10.12.2022 and 11.12.2022 in the afternoon from 01.00 p.m., to 07.00 p.m.

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

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 programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to file an undertaking affidavit incorporating the date and time of the Kabadi tournament before the second respondent police and on such filing, the second respondent police is hereby directed to consider the representation of the writ 3/6

petitioner dated 30.11.2022 positively and pass orders imposing necessary conditions based on the above said circular.

7. With the above directions, this Writ Petition stands disposed of. 06.12.2022 Index :

Yes / No Internet :

Yes / No csm Note : Issue order copy today (08.12.2022) To 1.The Superintendent of Police, Office of the Superintendent, Madurai District.

2.The Inspector of Police, Melavalavu Police Station, Madurai District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 06.12.2022 6/6