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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
S.P. Kottai Jothi – Appellant
Versus
The Superintendent of Police, Ramanathapuram & Others – Respondents
W.P(MD)No. 4832 of 2023
Decided On : 07-03-2023
Writ Petition - Permission for Kabaadi Competition - Mandamus
Fact of the Case:
The writ petitioner sought permission to conduct a Kabaadi Competition and other cultural events using box speakers during a temple festival. The police had not considered the petitioner's representation, citing concerns about potential retaliation due to past incidents of violence involving rival groups.
Finding of the Court:
The court directed the third respondent to conduct an inquiry and pass orders based on the petitioner's representation within ten days, imposing necessary conditions and summoning both the petitioner and the rival groups. The petitioner was given the liberty to seek remedy through appropriate proceedings if aggrieved by the outcome.
Issues: Permission for cultural events during temple festival, concerns about potential violence and law and order issues, failure of police to consider petitioner's representation
Ratio Decidendi: The court emphasized the need for an inquiry and imposition of necessary conditions to address concerns about potential violence and law and order issues, while also ensuring the petitioner's right to seek remedy if aggrieved.
Final Decision: The Writ Petition was disposed of with the direction for the third respondent to conduct an inquiry and pass orders based on the petitioner's representation within ten days, with the liberty for the petitioner to seek remedy through appropriate proceedings if aggrieved.
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 “Kabaadi Competition” in the event of “Sri Mookammal Kovil Thai Meenambal Temple” festival and other cultural events by using box speakers from 10.03.2023 at about 10.00 pm to 11.03.2023 at 11.00 a.m, conducted by the “Moovendar Munnetra Kazhagam Aapanadu Vaandaiyar Groups” situated at Kovilangualam, Kamuthi Taluk, Ramanathapuram District based on the representation given by the petitioner dated 20.02.2023.)
1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant permission to conduct “Kabaadi Competition” in the event of “Sri Mookammal Kovil Thai Meenambal Temple” festival and other cultural events by using box speakers from 10.03.2023 at about 10.00 pm to 11.03.2023 at 11.00 a.m, conducted by the “Moovendar Munnetra Kazhagam Aapanadu Vaandaiyar Groups” situated at Kovilangualam, Kamuthi Taluk, Ramanathapuram District based on the representation given by the petitioner dated 20.02.2023.
2. Mr. B.Nambiselvan, learned Additional Public Prosecutor takes notice for the respondents.
3. The learned counsel appearing for the writ petitioner submitted that they sought permission of the police by giving a representation dated 20.02.2023 to conduct “Kabaadi Competition” in the event of “Sri Mookammal Kovil Thai Meenambal Temple” festival” at Kovilangualam, Kamuthi Taluk, Ramanathapuram District from 10.03.2023 at 10.00 pm to 11.03.2023 at 11.00 a.m,. But, the third 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 there were two rival groups in that village. At that time of first festival that was conducted by the petitioner''s group, a murder took place. Now for the second time also, representation is made seeking Police protection. If such permission is granted, retaliation may occur. On the above said ground, the representation that was made by the petitioner is kept pending.
5. Recording the submission made by the learned Additional Public Prosecutor, the third respondent is directed to conduct enquiry and pass orders based on the representation given by the writ petitioner dated 20.02.2023 by imposing necessary conditions within ten days. During the course of enquiry, the petitioner as well as the rival groups must be summoned and undertaking must be filed by them that they will not make any law and order issue. If the petitioner is aggrieved by the outcome of the order, he is at liberty to workout his remedy through appropriate proceedings.
6. With the above direction, this Writ Petition stands disposed of. No costs.
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