W.A.(MD)No.1825 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 06.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

AND

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

W.A.(MD)No.1825 of 2023

and

C.M.P.(MD)Nos.13901 & 13902 of 2023

M.Mayilvaganam

... Appellant / 3^rd Party

Vs.

1.S.Francis Soosai

2.The Superintendent of Police,

Pudukkottai District, Pudukkottai.

3.The Inspector of Police,

Namanasamuthiram Police Station,

Pudukkottai District.

... Respondents / Respondents

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside

the order passed in W.P.(MD)No.16094 of 2023, dated 20.09.2023 on the file of

this Court.

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W.A.(MD)No.1825 of 2023

For Appellant

: Mr.R.Maheswaran

For R1

: Mr.E.Mareeskumar

For R2 & R3

: Mr.Veera Kathiravan,

Additional Advocate General

JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

The 1^st respondent has instituted a Writ proceedings, seeking relief to

direct the respondents 2 and 3 to grant permission to conduct cricket tournament

scheduled between 13.07.2023 to 17.07.2023 at Lena Villaku Sports Ground,

Thirumayam Taluk, Pudukkottai District.

2.Hearing the submissions of the respective learned counsel appearing

on behalf of the parties to the lis on hand, we could able to feel that no permission

is required for playing cricket by private parties outside the special camp. It is

brought to our notice that the cricket tournament has not been conducted by the

Government Officials of the refugee camp.

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W.A.(MD)No.1825 of 2023

3.The learned Additional Advocate General appearing on behalf of the

respondents 2 and 3 has made a submission that no permission is required to play

cricket, as it is the basic right of the Citizen.

4.Practice of filing Writ Petition, seeking Police protection for the

private games is not enterainable. Only in the event of law and order issues, a

complaint is to be registered and the jurisdictional Police has to initiate action in

the manner contemplated under law. Conducting private tournament or to play

cricket, Kabadi or any other game by local people requires no permission from the

Police authorities or from the Government authorities. Thus, the question of

interference by the Police would arise, if there is any law and order issues arise.

Such Writ Petitions, seeking permission are not entertainable and no Writ can be

entertained against the private parties nor any relief can be granted either to give

protection or permission to conduct cricket, kabadi or any other sports or events,

where no prior permission is required under any statute or Rules in force.

5.It is brought to our notice that many such Writ Petitions are filed

before the High Court. The Registry of High Court is directed to scrutinize as to

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W.A.(MD)No.1825 of 2023

whether the relief has been sought for against private persons or not and if the

relief sought for is against the private persons, then such Writ Petitions are not

entertainable and such matters, if required, may be put up for maintainability.

6.With the above observations, both the Writ Petitions and Writ Appeal

are dismissed. No costs. Consequently, connected miscellaneous petitions are

closed.

(S.M.S., J.) & (V.L.N., J.)

06.10.2023

NCC : Yes / No

Index : Yes / No

Internet : Yes / No

Yuva

To

1.The Superintendent of Police,

Pudukkottai District, Pudukkottai.

2.The Inspector of Police,

Namanasamuthiram Police Station,

Pudukkottai District.

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W.A.(MD)No.1825 of 2023

S.M.SUBRAMANIAM, J.

AND

V.LAKSHMINARAYANAN, J.

Yuva

W.A.(MD)No.1825 of 2023

06.10.2023

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