Police order quashed HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P.No.2976 of 2023 M.Jeeva 1. The State Rep.by The Circle Inspector of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
W.P.No.2976 of 2023
M.Jeeva

1. The State Rep.by
The Circle Inspector of Police,
Panavaram Police Station,
Arakkonam Division, Ranipet District.
2. State Rep.by
The Inspector of Police,
Nemili Police Station,
/vs/ … Petitioner
Ranipet District. … Respondents
Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus to call for the records related to the impugned order dated 25.01.2023 bearing Na.Ka.No.08/Ka.Aa/Pa.Circle/2023 passed by the Circile Inspector of Police, Panavaram Police Circle, Arakkonam Division, Ranipet District, the 1st Respondent herein and consequently direct the Respondents herein to given permission to the Petitioner, to conduct the Kabbadi tournament in the petitioner’s village namely Jagirthandalam Kandigai Village, Ranipet District by considering the Petitioner’s representation dated 25.01.2023.
For Petitioner : Mr.R.Sasikumar
For Respondent : Mr.S.Santhosh
Government Advocate (Crl.side)
O R D E R
The Writ Petition has been filed seeking to call for the records
related to the impugned order dated 25.01.2023 bearing Na.Ka.No.08/Ka.Aa/Pa.Circle/2023 passed by the Circle Inspector of Police, Panavaram Police Circle, Arakkonam Division, Ranipet District, the 1st Respondent herein and consequently direct the Respondents herein to give permission to the Petitioner, to conduct the Kabbadi tournament in the petitioner’s village namely Jagirthandalam Kandigai Village, Ranipet District by considering the Petitioner’s representation dated 25.01.2023.
2. The learned counsel appearing for the petitioner submitted that on behalf of Vetriyin Sigaram Kabadi Kuzhu at Jagirthandalam Kandigai Village, Ranipet District, the petitioner’s Kabadi team conducted Kabadi for the last five years. The petitioner applied for permission to conduct kabadi tournament on 28.01.2023 and 29.01.2023 and therefore, he made a representation dated 25.01.2023 to the 2nd respondent police. However, his representation was rejected by the 1st respondent by proceedings dated 25.01.2023 in Na.Ka.No.08/Ka.Aa/Pa.Circle/2023. Challenging the same, this petition is filed before this Court.
3. The learned Government Advocate submitted that the representation of the petitioner was rejected for the reason that no precautionary measures was taken last year. As a result, some players suffered injuries. There is a possibility of some law and order problems and also there is spread of Covid-19.
4. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.
5. As of now there is no notification regarding Covid – 19 spread by the Government restraining the convergence of public. The respondent in their proceedings stated that if permission granted it will lead to law and order problem. It is not supported by and material particulars. Suffering injury in a Kabadi game or for that matter in any other game in common. We cannot avoid playing any games including this Kabadi game, for the aforesaid reasons.
6. In view of the above, this Court set aside the order dated
25.01.2023 bearing Na.Ka.No.08/Ka.Aa/Pa.Circle/2023 passed by the
Circle Inspector of Police, Panavaram Police Circle, Arakkonam Division, Ranipet District, the 1st Respondent herein, petitioner is directed to give a fresh representation to the respondents by making necessary arrangements to ensure the safety of the players. On such receipt of the representation of the petitioner, the respondents are directed to pass appropriate orders immediately.
7. With the above direction, this Writ Petition is disposed of. No costs.
03.02.2023
ssn Index: Yes/No
Speaking/Non speaking order
Note: Issue Order copy today.
To

1. The Circle Inspector of Police, Panavaram Police Station, Arakkonam Division, Ranipet District.
2. The Inspector of Police, Nemili Police Station, Ranipet District.
3. The Public Prosecutor, High Court, Madras. 
G.CHANDRASEKHARAN, J.,
ssn W.P.No.2976 of 2023
03.02.2023