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2023 Supreme(Mad) 1226

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
L. Maruthadurai – Appellant
Versus
The Superintendent of Police, Trichy – Respondent
W.P. (MD)No. 4327 of 2023
Decided On : 01-03-2023

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

Compliance with the guidelines issued by the Director General of Police for seeking permission to conduct events.

Headnote:

Writ Petition - Permission to Conduct Kabadi Tournament - The court directed the petitioner to file a fresh representation as per the guidelines issued by the Director General of Police and directed the second respondent to consider the representation and pass orders imposing necessary conditions based on the circular.

Fact of the Case:

The petitioner sought permission to conduct a Village Level Children Kabadi Competition, which was rejected by the second respondent without providing valid reasons.

Finding of the Court:

The court directed the petitioner to file a fresh representation as per the guidelines issued by the Director General of Police and directed the second respondent to consider the representation and pass orders imposing necessary conditions based on the circular.

Issues: Rejection of permission to conduct Kabadi tournament without valid reasons.

Ratio Decidendi: The court relied on the circular and guidelines issued by the Director General of Police, directing the petitioner to follow the procedure outlined in the circular for seeking permission to conduct the tournament.

Final Decision: The Writ Petition stands disposed of with the direction to file a fresh representation as per the guidelines and for the second respondent to consider the same and pass orders imposing necessary conditions based on the circular.

JUDGMENT

(Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in Na.Ka.No.29/F2PS/2023, dated 21.02.2023, quash the same as illegal and consequently, direct the respondents to grant permission to conduct the Village Level Children Kabadi Competition scheduled to be held on 03.03.2023 at about 08.00 pm to 05.03.2023 at about 10.00 pm in the playground, which is situated at Sri Bambalamman Thidal, Thalakulathupatti, Veerapur, Trichy District.)

1. This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in Na.Ka.No.29/F2PS/2023, dated 21.02.2023, quash the same as illegal and consequently, direct the respondents to grant permission to conduct the Village Level Children Kabadi Competition scheduled to be held on 03.03.2023 at about 08.00 pm to 05.03.2023 at about 10.00 pm in the playground, which is situated at Sri Bambalamman Thidal, Thalakulathupatti, Veerapur, Trichy District.

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 made by the writ petitioner dated 21.02.2023 for conducting the Kabadi tournament.

4. It is seen from the impugned order dated 21.02.2023, the second respondent, without assigning any valid or acceptable reason, has rejected the writ petitioner''s representation for conducting the Kabadi tournament.

5. The learned Additional Public Prosecutor appearing for the respondents would submit that the writ petitioner may be directed to give a fresh represenation indicating that there was no case pending against the petitioner and the other organizers. He would further submit that they may be permitted to conduct the kabadi tournament for three days ie., on 03.03.2023, 04.03.2023 and 05.03.2023 from 08.00 am to 08.00 pm.

6. 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.

7. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

8. 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 a fresh representation as stated by the learned Additional Public Prosecutor before the second respondent and on such representation, the second respondent is hereby directed to consider the same and pass orders imposing necessary conditions based on the above said circular.

9. With the above directions, this Writ Petition stands disposed of. No costs.

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