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2023 Supreme(Mad) 1205

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
T. Gopi – Appellant
Versus
The Superintendent of Police, Tiruchirapalli & Others – Respondents
W.P. (MD)No. 4328 of 2023
Decided On : 02-03-2023

Advocates appeared:
For the Petitioner:M. Yesudasan, Advocate. For the Respondents: E. Antony Sahaya Prabahar, Additional Public Prosecutor.

The court's decision was influenced by the circular memorandum issued by the Director General of Police, Tamil Nadu, and the requirement for the writ petitioner to file an undertaking affidavit with the date and time of the tournament.

Headnote:

Mandamus - Kabadi Tournament Permission - The court directed the writ petitioner to file an undertaking affidavit with the date and time of the Kabadi tournament, and the third respondent to consider the representation and pass orders based on the circular memorandum issued by the Director General of Police, Tamil Nadu.

Fact of the Case:

The writ petition sought a Writ of Mandamus to grant permission to conduct a Kabadi Tournament in a specific village and time.

Finding of the Court:

The court directed the writ petitioner to file an undertaking affidavit with the date and time of the tournament, and the third respondent to consider the representation and pass orders based on the circular memorandum issued by the Director General of Police, Tamil Nadu.

Issues: Permission for conducting the Kabadi Tournament in a specific village and time.

Ratio Decidendi: The court relied on the circular memorandum issued by the Director General of Police, Tamil Nadu, and directed the writ petitioner to file an undertaking affidavit with the date and time of the tournament for consideration by the third respondent.

Final Decision: The Writ Petition stands disposed of with the direction for the writ petitioner to file an undertaking affidavit and the third respondent to consider the representation and pass orders based on the circular memorandum.

JUDGMENT

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission to conduct the Kabadi Tournament in Guruvampatti Village, Mannachanallur Taluk, Tiruchirapalli District from 04.03.2023 by 08.00 a.m. to 05.03.2023 by 08.00 p.m.)

1. This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents to grant permission to conduct the Kabadi Tournament in Guruvampatti Village, Mannachanallur Taluk, Tiruchirapalli District from 04.03.2023 by 08.00 a.m. to 05.03.2023 by 08.00 p.m.

2. E.Antony Sahaya Prabahar, learned Additional public 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 been seeking permission to conduct the tournament for two days i.e., 04.03.2023 and 05.03.2023 and the time sought for conducting the tournament is in the night time. He would further submit that they may be permitted to conduct the tournament on day time.

4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the tournament for two days i.e., 04.03.2023 from 08.00 a.m. to 08.00 p.m. and 05.03.2023 from 08.00 a.m. to 08.00 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)/201 dated 09.04.2019 along with instructions to the Inspectors of Police throughout Tamil Nad 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 third respondent and on such filing, the third respondent is hereby directed to consider the representation of the writ petitioner dated23.02.2023 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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