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2023 Supreme(Mad) 1686

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
T. Vijayakumar – Appellant
Versus
The Inspector of Police, Pudukottai Police Station, Thoothukudi & Another – Respondents
W.P (MD) No. 9549 of 2023
Decided On : 21-04-2023

Advocates appeared:
For the Petitioner:I. Robert Chandrakumar, Advocate. For the Respondents: B. Nambiselvan, Additional Public Prosecutor.

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

Headnote:

Kabadi Tournament - Permission - The court directed the petitioner to file a fresh representation for conducting the Kabadi Tournament based on the guidelines issued by the Director General of Police, Tamil Nadu, and directed the third respondent to consider and pass orders on merits within a week.

Fact of the Case:

The petitioner sought permission for conducting a Kabadi Tournament, which was rejected by the police citing law and order concerns.

Finding of the Court:

The court directed the petitioner to file a fresh representation based on the guidelines issued by the Director General of Police, and directed the third respondent to consider and pass orders on merits within a week.

Issues: Permission for conducting Kabadi Tournament

Ratio Decidendi: The court relied on the circular and guidelines issued by the Director General of Police, Tamil Nadu, for consideration of applications seeking permission for conducting programs and tournaments.

Final Decision: The Writ Petition stands disposed of with the direction to file a fresh representation and for the third respondent to consider and pass orders on merits within a week. No costs were awarded.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order in Se.Mu.Aa.No.05/Pudukottai PS/Toodi/2023 dated 17.04.2023 on the file of the 2nd respondent and quash the same and further direct the respondent Police to grant permission for the oncoming nigh time Kabadi Tournament at petitioner''s village viz., Thiruvananthapuram, Allikulam Panchayat near Pudukottai, Thoothukudi, on 21.04.2023 from 3.00 PM onwards and 22.04.2023.)

1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order in Se.Mu.Aa.No.05/Pudukottai PS/Toodi/2023 dated 17.04.2023 on the file of the 2nd respondent and quash the same and further direct the respondent Police to grant permission for the oncoming nigh time Kabadi Tournament at petitioner''s village viz., Thiruvananthapuram, Allikulam Panchayat near Pudukottai, Thoothukudi, on 21.04.2023 from 3.00 PM onwards and 22.04.2023.

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 respondent Police submitted that in order to conduct the Kabadi Tournament on 21.04.2023 from 3.00 p.m., and 22.04.2023, they sought permission of the police by giving a representation dated 17.04.2023, but the second respondent has rejected the writ petitioner''s representation dated 17.04.2023 stating that it will create a law and order problem. If fresh representation made by the petitioner, the competent authority will pass order imposing restriction with regard to time.

4. On perusal of rejection order shows that there was three specific reasons have been given in the order.

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 and tournaments. 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 incorporating the date and place of the Kabadi Tournament before the third respondent and on such representation, the third respondent is hereby directed to consider the same and pass orders on merits and in accordance with law within a period of one week from the date of fresh representation based on the above said circular.

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

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