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2023 Supreme(Mad) 1299

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
S. Mayakrishnan – Appellant
Versus
The Superintendent of Police, Madurai & Another – Respondents
W.P(MD)No. 4907 of 2023
Decided On : 08-03-2023

Advocates appeared:
For the Petitioner:K.R Manimaran, Advocate. For the Respondents: B. Nambiselvan, Additional Public Prosecutor.

The court can issue a Writ of Mandamus to direct a public authority to consider and decide on a representation in compliance with relevant circulars and guidelines.

Headnote:

Mandamus - Sports Event Permission - The court directed the second respondent to consider the representation of the writ petitioner positively and pass orders imposing necessary conditions based on the circular memorandum issued by the Director General of Police, Tamil Nadu.

Fact of the Case:

The writ petitioner sought a Writ of Mandamus directing the second respondent to grant permission and protection to conduct a Kabadi Competition on specific dates.

Finding of the Court:

The court directed the second respondent to consider the representation of the writ petitioner positively and pass orders imposing necessary conditions based on the circular memorandum issued by the Director General of Police, Tamil Nadu.

Issues: Permission for conducting sports event, compliance with circular memorandum, time and date of the tournament

Ratio Decidendi: The court relied on the circular memorandum issued by the Director General of Police, Tamil Nadu, and directed the second respondent to consider the representation of the writ petitioner positively.

Final Decision: The Writ Petition stands disposed of with the direction to the second respondent to consider the representation of the writ petitioner positively and pass orders imposing necessary conditions 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 second respondent to grant permission and protection to conduct sports event namely “Kabadi Competition” to be held on 18.03.2023 and 19.03.2023 by considering petitioner''s representation dated 27.02.2023 within stipulated time fixed by this Court.)

1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the second respondent to grant permission and protection to conduct sports event namely “Kabadi Competition” to be held on 18.03.2023 and 19.03.2023 by considering petitioner''s representation dated 27.02.2023 within stipulated time fixed by this Court.

2. Mr. B.Nambiselvan, 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 been seeking permission to conduct the tournament for two days i.e., 18.03.2023 and 19.03.2023 and the time sought for conducting the tournament is in the day and night time also. 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., 18.03.2023 from 08.00 a.m. to 08.00 p.m. and 19.03.2023 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)/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 an undertaking affidavit incorporating the date and time of the Kabadi tournament before the second respondent and on such filing, 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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