Madras High CourtWP(MD)/27343/2024disposed of

S.Muthuraja v. The Superintendent Of Police

2024-11-15Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 15.11.2024

CORAM

The Hon`ble Mr. Justice K.K.RAMAKRISHNAN Muthuraja ... Petitioner Vs 1.The Superintendent of Police, Thoothukudi.

2.The Deputy Superintendent of Police, Srivaikundam Sub Division, Srivaikundam, Thoothukudi District.

3. The Inspector of Police, Seithunganallur Police Station, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the third respondent dated 08.11.2024 and quash the same and consequently, directing the respondents herein to grant permission and adequate police protection for conducting B-Grade Kabadi Tournament at Puliyankulam Village, Srivaikundam Taluk, Thoothukudi District, from 15.11.2024 to 17.11.2024 between 08.00 am and 10.00 pm. For Petitioner : Mr. K.Karansingh For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/4

ORDER

This Writ Petition has been filed to quash the impugned order passed by the third respondent dated 08.11.2024 and consequently, to direct the respondents herein to grant permission and adequate police protection for conducting B-Grade Kabadi Tournament at Puliyankulam Village, Srivaikundam Taluk, Thoothukudi District, from 15.11.2024 to 17.11.2024 between 08.00 am and 10.00 pm.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. According to the petitioner, he made a representation to the third respondent to give permission to conduct Kabadi Tournament for three days, ie. from 15.11.2024 to 17.11.2024. But, the same was rejected by the third respondent citing the law and order problem and also enumerated circumstances of the previous occurrence took place in the locality. Challenging the same, the petitioner filed this Writ Petition.

4. The learned Additional Public Prosecutor on instructions reiterated the reasons stated in the impugned order. The learned 2/4

Additional Public Prosecutor also emphasis paragraph No.6 of the impugned order.

5. This Court, without going into the merit and the submission made by the learned Additional Public Prosecutor, is inclined to set aside the order passed by the third respondent is without jurisdiction. As per the Police Standing Order, the second respondent alone has jurisdiction to pass order.

6. Accordingly, the impugned order passed by the third respondent, dated 08.11.2024, is hereby set aside. This Writ Petition is allowed and the second respondent is directed to consider the request of the petitioner as per law. It is also open to the second respondent to consider the law and order situation. No costs. 15.11.2024 Index : Yes / No Internet: yes / No NCC : Yes/No LS/sbn Note: Issue order copy on 15.11.2024 To 1.The Superintendent of Police, Thoothukudi.

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K.K.RAMAKRISHNAN,J LS/sbn 2.The Deputy Superintendent of Police, Srivaikundam Sub Division, Srivaikundam, Thoothukudi District.

3. The Inspector of Police, Seithunganallur Police Station, 15.11.2024 4/4