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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
S. Prabhu – Appellant
Versus
The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Theni & Another – Respondents
W.P. (MD)No. 4383 of 2023
Decided On : 02-03-2023
Mandamus - Kabadi Competition Permission - The court directed the respondent to consider the petitioner's representation and grant permission for the Kabadi competition based on the circular and guidelines issued by the Director General of Police.
Fact of the Case:
The petitioner sought a Writ of Mandamus to direct the respondent to grant permission for a Kabadi competition, as the representation submitted by the petitioner was not considered by the second respondent.
Finding of the Court:
The court directed the second respondent to consider the petitioner's representation and grant permission for the Kabadi competition based on the circular and guidelines issued by the Director General of Police.
Issues: Failure to consider petitioner's representation for Kabadi competition permission.
Ratio Decidendi: The court relied on the circular and guidelines issued by the Director General of Police, directing the second respondent to consider the petitioner's representation and grant permission for the Kabadi competition.
Final Decision: The Writ Petition stands disposed of with the direction to the second respondent to consider the petitioner's representation and grant permission for the Kabadi competition.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court t issue a Writ of Mandamus, directing the respondent to grant permission to conduct the Kabadi competition in 06.03.2023 from 08.00 a.m. to 08.00 p.m. and on 07.03.2023 from 08.00 a.m. to 08.00 p.m. at Veeruchinnammal Kovil Theedal, Palarpatti, Kulaiyanur, Theni District by considering the petitioner''s representation dated 27.02.2023.)
1. This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondent to grant permission to conduct the Kabadi competition on 06.03.2023 from 08.00 a.m. to 08.00 p.m. and on 07.03.2023 from 08.00 a.m. to 08.00 p.m. at Veeruchinnammal Kovil Theedal, Palarpatti, Kulaiyanur, Theni District by considering the petitioner''s representation dated 27.02.2023.
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 counsel appearing for the writ petitioner would submit that in order to conduct Kabadi Tournament on 06.03.2023 from 08.00 a.m. to 08.00 p.m. and on 07.03.2023 from 08.00 a.m. to 08.00 p.m. at Veeruchinnammal Kovil Theedal, Palarpatti, Kulaiyanur, Theni District, they sought permission of the police by giving a representation dated 27.02.2023. But, the second respondent has not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.
4. The learned Additional Public Prosecutor appearing for the respondents would submit that the second respondent has received the representation of the writ petitioner and the same is pending for consideration.
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 second respondent is hereby directed to consider the representation of the writ petitioner dated 27.02.2023 positively and pass orders imposing necessary conditions based on the above said circular.
7. With the above directions, this Writ Petition stands disposed of. No costs.
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