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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. Sivagnanam, J.
Sherif - Petitioner
Versus
The Deputy Superintendent of Police, Ramanathapuram & Another – Respondents
W.P. (MD)No. 15196 of 2022
Decided On : 19-07-2022
Kabaddi Tournament - Permission - The court directed the first respondent to consider the fresh representation given by the petitioner for conducting the Kabaddi Tournament based on the circular and guidelines issued by the Director General of Police.
Fact of the Case:
The petitioner sought permission to conduct a Kabaddi Tournament, but the request was rejected due to concerns about law and order problems and Covid-19.
Finding of the Court:
The court directed the first respondent to consider the fresh representation given by the petitioner and pass suitable orders based on the circular and guidelines issued by the Director General of Police.
Issues: Permission to conduct Kabaddi Tournament, concerns about law and order problems and Covid-19, rejection of the petitioner's request.
Ratio Decidendi: The court considered the circular and guidelines issued by the Director General of Police and directed the first respondent to reconsider the petitioner's request for conducting the Kabaddi Tournament.
Final Decision: The writ petition is disposed of with the direction for the first respondent to consider the fresh representation given by the petitioner for conducting the Kabaddi Tournament.
JUDGMENT :
(Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent in his proceedings dated 10.07.2022 and quash the same as illegal and consequently directing the respondents to grant permission and necessary protection to conduct the “Kabaddi Tournament” programme from 15.07.2022 to 17.07.2022 in connection with Death Anniversary of Alex`s Velli Nila, Sri Kandhari Amman Kabaddi Kalagam, Palakarai Village People and Magalir Mandram situated at Palakarai, Ramanathapuram District.)
1. This Writ Petition has been filed seeking to quash the impugned order passed by the first respondent in his proceedings dated 10.07.2022 and for a consequential direction to the respondents to grant permission and necessary protection to conduct the “Kabaddi Tournament” programme from 15.07.2022 to 17.07.2022 in connection with Death Anniversary of Alex`s Velli Nila, Sri Kandhari Amman Kabaddi Kalagam, Palakarai Village People and Magalir Mandram situated at Palakarai, Ramanathapuram District.
2. The learned counsel appearing for the petitioner submitted that the petitioner has decided to conduct Kabadi Tournament, which is scheduled to be held from 15.07.2022 to 17.07.2022 in connection with Death Anniversary of Alex`s Velli Nila, Sri Kandhari Amman Kabaddi Kalagam, Palakarai Village People and Magalir Mandram situated at Palakarai, Ramanathapuram District. Hence, he sought permission of the police by giving a representation dated 30.06.2022 in person to the second respondent and the first respondent had passed an order in favour of the petitioner to conduct the Kabaddi Tournament on the said date. Later on, the impugned order dated 10.07.2022 came to be passed by the first respondent. Aggrieved over the same, the present Writ Petition has been filed.
3. The learned Government Advocate (criminal side) appearing for the respondent police would submits that the respondents have received the representation of the petitioner and they rejected the request of the petitioner by the impugned proceedings dated 10.07.2022 on the ground that there is a possibility of law and order problem and Covid-19 problem.
4. The learned counsel for the petitioner further submits that there is no situation prevailing for law and order problem. The Kabaddi Tournament is scheduled to be conducted from 15.07.2022 to 17.07.2022 but for want of permission, they have not conducted the Tournament. The learned counsel for the petitioner further submits that the petitioner is now ready to give fresh representation for considering his request favourably.
5. The learned Government Advocate (Criminal Side), appearing for the respondents would further submits that due to the previous enmity happened on Kabaddi Tournament, there was a conflict between the same community people in the marriage function on 11.07.2021. In pursuant to this conflict, a case was registered in Crime No.167 of 2021 for offences under Sections 294(b), 342, 506(ii) I.P.C. Therefore, they apprehend that there is a possibility of any law and order problem. Hence, the impugned order dated 10.07.2022 came to be passed.
6. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent police.
7. Perusal of records reveals the fact that the petitioner is the member of the Tournament Committee of Alex`s Velli Nila, Sri Kandhari Amman Kabaddi Kalagam, Palakarai Village People and Magalir Mandram and the Village people proposed to conduct the Kabaddi Tournament. They originally fixed the Tournament from 15.07.2022 to 17.07.2022. Due to the impugned order, the Tournament was not conducted on the said date. Now, the petitioner undertook to conduct the Kabaddi Tournament without any law and order problem and also represent to give fresh representation.
8. It is brought to the notice of
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