Madras High Court
M.Mayilvaganam vs S.Francis Soosai on 6 October, 2023
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 / 3rd 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.
1/5
https://www.mhc.tn.gov.in/judis
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 1st 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.
https://www.mhc.tn.gov.in/judis
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
https://www.mhc.tn.gov.in/judis
