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2023 Supreme(Online)(MAD) 32711

MADRAS HIGH COURT
Honourable Mr Justice K.MURALI SHANKAR
2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.01.2023 CORAM THE HON'BLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.17
D)No.17



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.

Headnote:

PUBLIC ORDER - KABADDI TOURNAMENT - CONDUCT - TIME RESTRICTION - COURT DIRECTED POLICE TO CONSIDER THE REPRESENTATION OF THE PETITIONER POSITIVELY AND PASS ORDERS IMPOSING NECESSARY CONDITIONS BASED ON THE CIRCULAR ISSUED BY THE DIRECTOR GENERAL OF POLICE.

Fact of the Case:

The petitioner sought a writ of mandamus directing the respondents to permit him to conduct a Kabadi tournament from 07.01.2023 at about 7.00 pm to 09.01.2023 at about 7.00 pm at Alavanthanallur village, Srirangam Taluk, Trichy District.

Finding of the Court:

The court directed the petitioner to file an undertaking affidavit incorporating the date and time of the Kabadi tournament before the third respondent and on such filing, the third respondent is hereby directed to consider the representation of the writ petitioner dated 23.12.2022 positively and pass orders imposing necessary conditions based on the above said circular.

Issues: Whether the petitioner can conduct the Kabadi tournament from 07.01.2023 at about 7.00 pm to 09.01.2023 at about 7.00 pm at Alavanthanallur village, Srirangam Taluk, Trichy District.

Ratio Decidendi: The court relied on the circular memorandum issued by the Director General of Police, Tamil Nadu, Chennai 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.

Final Decision: The court disposed of the writ petition with no costs and directed the petitioner to file an undertaking affidavit incorporating the date and time of the Kabadi tournament before the third respondent and on such filing, the third respondent is hereby directed to consider the representation of the writ petitioner dated 23.12.2022 positively and pass orders imposing necessary conditions based on the above said circular.

W.P.(MD)No.17 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED:04.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

W.P.(MD)No.17 of 2023

P.Sridhar

: Petitioner

Vs

1. The Superintendent of Police,

Trichy District, Trichy

2. The Deputy Superintendent Of Police,

Jeeyapuram Sub Division,

Trichy District

3. The Inspector of Police,

Somarasampettai Police Station,

Trichy District

: Respondents

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 permit the petitioner to conduct Kabadi Tournament from

07.01.2023 at about 7.00 pm to 09.01.2023 at about 7.00 pm at

Alavanthanallur village, Srirangam Taluk, Trichy District.

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W.P.(MD)No.17 of 2023

For Petitioner

: Mr.T.Lenin Kumar

For Respondents : Mr.E.Antony Sahaya Prabahar

Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus,

directing the respondents to permit the petitioner to conduct Kabadi

Tournament from 07.01.2023 at about 7.00 pm to 09.01.2023 at about

7.00 pm at Alavanthanallur village, Srirangam Taluk, 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 the time sought for conducting the kabadi

tournament is in the night time. He would further submit that they may

be permitted to conduct the kabadi tournament from 07.00 am to 05.00

pm. for two days i.e., 07.01.2023 and 08.01.2023.

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W.P.(MD)No.17 of 2023

4. 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.

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 third respondent and on such filing, the third respondent is hereby

directed to consider the representation of the writ petitioner dated

23.12.2022 positively and pass orders imposing necessary conditions

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W.P.(MD)No.17 of 2023

based on the above said circular.

7. With the above directions, this Writ Petition stands disposed of.

No Costs.

04.01.2023

NCC

:

Yes / No

Index

:

Yes / No

Internet

:

Yes / No

lr

Note : Issue order copy on 06.01.2023

To

1. The Superintendent of Police,

Trichy District, Trichy

2. The Deputy Superintendent Of Police,

Jeeyapuram Sub Division,

Trichy District

3. The Inspector of Police,

Somarasampettai Police Station,

Trichy District

4.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

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https://www.mhc.tn.gov.in/judis

W.P.(MD)No.17 of 2023

K.MURALI SHANKAR,J.

lr

Order made in

W.P.(MD)No.17 of 2023

Dated:04.01.2023

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