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2023 DIGILAW 804 (MAD)

M. Chithravel v. Superintendent of Police, Ramanathapuram

2023-03-03

K.MURALI SHANKAR

body2023
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 pertaining to the impugned order vide Na.ka.No.15/Sa.Aa./Periyur/2023, dated 23.02.2023 on the file of the third respondent and quash the same as illegal and consequently, to direct the respondents to grant permission to conduct the Kabadi Tournament on 04.03.2023 (06.00 am to 10.00 pm) and 05.03.2023 (06.00 am to 10.00 pm) at Chinna Anaiyur Village, Kamuthi Taluk, Ramanathapuram District without causing any disturbance to public order.) 1. This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order vide Na.ka.No.15/Sa.Aa./Periyur/2023, dated 23.02.2023 on the file of the third respondent and quash the same as illegal and consequently, to direct the respondents to grant permission to conduct the Kabadi Tournament on 04.03.2023 (06.00 am to 10.00 pm) and 05.03.2023 (06.00 am to 10.00 pm) at Chinna Anaiyur Village, Kamuthi Taluk, Ramanathapuram District without causing any disturbance to public order. 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 they have already issued proceedings rejecting the representation made by the writ petitioner dated 23.02.2023 for conducting the Kabadi tournament. 4. It is seen from the impugned order dated 23.02.2023, the third respondent, without assigning any valid or acceptable reason, has rejected the writ petitioner''s representation for conducting the Kabadi tournament. 5. The learned Additional Public Prosecutor appearing for the respondents would submit that the writ petitioner may be directed to give a fresh represenation indicating that there was no case pending against the petitioner and the other organizers. He would further submit that they may be permitted to conduct the kabadi tournament on 04.03.2023 and 05.03.2023, from 06.00 a.m. to 08.00 p.m. 6. 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. 7. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents. 8. 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. 7. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents. 8. 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 a fresh representation as stated by the learned Additional Public Prosecutor before the second respondent and on such representation, the third respondent is hereby directed to consider the same and pass orders imposing necessary conditions based on the above said circular. 9. With the above directions, this Writ Petition stands disposed of. No costs.