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Madras High CourtWP(MD)/28367/2022disposed of

Lakshmanan v. The Superintendent Of Police

2022-12-16Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2022

CORAM

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

1.The Superintendent of Police, O/o. the Superintendent of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Manamadurai Sub Division, Manamadurai, Sivagangai District.

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

4.The Sub Inspector of Police, Palayanoor Police Station, 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, 1/6

calling for the records pertaining to the impugned order in Na.Ka.No. 13/Pothu/Palayanoor/Ka.Ni/2022 dated 10.12.2022 passed by the fourth respondent as quash the same as illegal, consequently directing the respondents to give permission to the petitioner to conduct Kabadi tournament from 17.12.2022 to 18.12.2022 in the playground of Vayalcheri Village, Thiruppuvanam Taluk, Sivagangai District with light and sound.

For Petitioner : Mr.A.Abdul Kabur For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Na.Ka.No.13/Pothu/Palayanoor/Ka.Ni/2022 dated 10.12.2022 passed by the fourth respondent as quash the same as illegal, consequently directing the respondents to give permission to the petitioner to conduct Kabadi tournament from 17.12.2022 to 18.12.2022 in the playground of Vayalcheri Village, Thiruppuvanam Taluk, Sivagangai District with light and sound.

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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 they have already issued proceedings rejecting the representation dated 10.12.2022 made by the writ petitioner for conducting the Kabadi tournament stating that if Kabadi tournament is conducted, it will create a law and order problem in the village. He would further submit that they may be permitted to conduct the kabadi tournament from 03.00 p.m. to 10.00 p.m. for two days i.e., 17.12.2022 and 18.12.2022.

4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the kabadi tournament as stated by the learned Additional Public Prosecutor.

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.

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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 afresh representation incorporating the date and time of the Kabadi tournament before the fourth respondent and on such representation, the fourth respondent is hereby directed to consider the representation of the writ petitioner positively and pass orders imposing necessary conditions based on the above said circular.

7. With the above directions, this Writ Petition stands disposed of. 16.12.2022 Index :

Yes / No Internet :

Yes / No csm Note : Issue order copy today (16.12.2022) 4/6

To 1.The Superintendent of Police, O/o. the Superintendent of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Manamadurai Sub Division, Manamadurai, Sivagangai District.

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

4.The Sub Inspector of Police, Palayanoor Police Station, 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 Dated: 16.12.2022 6/6