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2023 Supreme(Mad) 1238

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
Deepan – Appellant
Versus
The Superintendent of Police, Trichy & Another – Respondents
W.P. (MD)No. 4192 of 2023
Decided On : 01-03-2023

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

The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which formed the basis for directing the police to consider the representation for conducting the Kabadi tournament.

Headnote:

Mandamus - Kabadi Tournament Permission - The court directed the police to consider the representation for conducting the Kabadi tournament based on the circular and guidelines issued by the Director General of Police, Tamil Nadu.

Fact of the Case:

The petitioner filed a Writ Petition seeking a Writ of Mandamus to direct the police to give permission and adequate police protection for conducting a Kabadi Tournament at a specific location and time.

Finding of the Court:

The court directed the petitioner to file an undertaking affidavit with the date and time of the tournament, and ordered the police to consider the representation positively based on the circular and guidelines issued by the Director General of Police.

Issues: Permission for conducting Kabadi Tournament and adequate police protection.

Ratio Decidendi: The court relied on the circular and guidelines issued by the Director General of Police to direct the police to consider the representation for conducting the Kabadi tournament.

Final Decision: The Writ Petition stands disposed of with the direction to the police to consider the representation for conducting the Kabadi tournament based on the circular and guidelines issued by the Director General of Police.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to give permission and adequate police protection for conducting Kabadi Tournament schedule to be held on 04.03.2023 at 08.00 am to 05.03.2023 at 11.00 pm in the ground of Sithivinayagar Temple, Rajagopalapuram, Trichy District on the basis of the petitioner''s representation, dated 22.02.2023.)

1. This Writ Petition has been filed seeking a Writ of Mandamus, directing the second respondent to give permission and adequate police protection for conducting Kabadi Tournament schedule to be held on 04.03.2023 at 08.00 am to 05.03.2023 at 11.00 pm in the ground of Sithivinayagar Temple, Rajagopalapuram, Trichy District on the basis of the petitioner''s representation, dated 22.02.2023.

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 Additional Public Prosecutor appearing for the respondents would submit that the place where the Kabadi tournament scheduled is a sensitive area and that they may be permitted to conduct the tournament on day time, but 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 for two days i.e.,on 04.03.2023 and 05.03.2023, from 08.00 am to 08.00 pm.

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., on 04.03.2023 and 05.03.2023, from 08.00 am to 08.00 pm.

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 cultural 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 respondent police and on such filing, the second respondent is hereby directed to consider the representation of the writ petitioner dated 22.02.2023 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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