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Madras High CourtWP/12747/2022allowed

R.Mukesh v. The Inspector Of Police

2022-05-18Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.05.2022

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.12747 OF 2022 R.Mukesh

...Petitioner

Vs.

The Inspector of Police, S-16, Perumbakkam Police Station (Law and Order), Perumbakkam, Chennai

...Respondent

PRAYER :

Writ petition filed under Section 226 of Constitution of India to issue a writ of Mandamus directing the respondent to consider the representation dated 02.05.2022 made by the petitioner to seeks permission to conduct the cultural programme (Kabbadi Tournament) for 6th year Arvind Memorial Cup Festival starts from 21.05.2022 at about 6.00 a.m. To 22.05.2022 at about 10.00 p.m. Till end at K.S.Ravikumar Playground, Nukkampalayam, Chennai and dispose the same.

For Petitioner : Mr.N.Vinayakamoorthy For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Writ Petition has been filed to direct the consider the representation dated 02.05.2022 made by the petitioner to seeks permission to conduct the cultural programme (Kabbadi Tournament) for 6th year Arvind Memorial Cup Festival starts from 21.05.2022 at about 6.00 a.m. To 22.05.2022 at about 10.00 p.m. till end at K.S.Ravikumar Playground, Nukkampalayam, Chennai.

2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. The learned Additional Public Prosecutor appearing for the respondent submits that the Police does not have any reservations on the place, where the tournament is to be conducted. However, there is an apprehension that some law and order problem may arise during the tournament.

4. The respondent Police are directed to grant permission for conducting the Kabadi tournament, by enclosing the following conditions:

i) The Kabadi Tournament shall be conducted on 21.05.2022 between 6 am to 10 am and 6 pm to 10 pm and on 22.05.2022 between 6 am to 10 am and 6 pm to 10 pm and it shall be completed within the time stipulated by this Court.

ii) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed;

iii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity;

iv) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue;

v) The participants of "Kabadi" tournament shall not wear any form of dress showing offending slogans or picture of any communal/political leader which may cause disturbance;

vi) Songs praising communal leader or having communal overtones should not be played;

vii) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed;

viii) There should not be any Flex Boards representing any community or political leaders;

ix) If there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance;

x) Similarly, the Police is empowered to stop the Kabadi tournament, if it exceeds beyond the permitted time;

xi) the participants of the tournament shall not intake any kind of toxic substance or liquor during the tournament;

xii) If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same;

xiii) The Refree must be authorized person from the District Association; and xiv) The respondent Police is at liberty to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity, so as to maintain law and order and communal harmony.

xv) The petitioner shall pay a sum of Rs.25,000/- (Rupees twenty five thousand only) to the respondent police towards police protection.

5. The petitioner is also directed to ensure that the conditions are strictly compiled with and also to ensure that no law and order problem is created in the course of conducting the tournament.

6. The Writ Petition is disposed of with the above directions.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar rka To The Inspector of Police, S-16, Perumbakkam Police Station (Law and Order), Perumbakkam, Chennai.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Balaji, Advocate, S.R.No.31587 W.P.No.12747 of 2022 AK(CO) PM/19/05/2022