Manikandan. N v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA N.Manikandan ... Petitioner vs.
1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Uppiliyapuram Police Station, Trichy District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the respondents to grant permission to conduct village level flood light Kabadi Tournament to be held on 17.01.2021 at about 10.00 am to 19.01.2021 at about 04.00 pm at Aathi Mariamman Temple Ground, T.Murungaipatti Village, Thuraiyur Taluk, Trichy District, based on the petitioner's representation dated 04.01.2021, submitted before the Respondents. For Petitioner : Mr.Solaialagan For Respondents : Mr.R.Saravana Kumar, Government Advocate (Crl. Side)
O R D E R
By consent, this Writ Petition is taken up for final hearing.
2. The petitioner has filed this petition seeking permission and protection to conduct Kabadi Tournament from 17.01.2021 to 19.01.2021 at Aathi Mariamman Temple Ground, T.Murungaipatti Village, Thuraiyur Taluk, Trichy District.
3. Mr.R.Saravana Kumar, learned Government Advocate (Crl. Side) who accepts notice for the respondents contended that there is no serious objection to conduct Kabadi Tournament on 19.01.2021.
4. In such circumstances, this Court is of the considered view that the respondent police can be directed to give permission and police protection for the event subject to the following conditions:
(i) The Kabadi Tournament shall be supervised by the respondent police.
(ii) The organizers should take pre-cautionary measures to avoid any untoward incident while conducting the Kabadi Tournament. 1/3
(iii)Songs praising communal leaders or having communal overtones should not be played.
(iv)The petitioner should ensure that no flex board or hoardings depicting any particular community or leader is displayed. (v)All the above terms and conditions should be followed scrupulously by the petitioner and the petitioner shall file an affidavit of undertaking to the said effect before the respondents. (vi)There should be a separate place allocated for the spectators.
(vii) Kabadi players alone should be allowed to participate in the event.
(viii) Neither the petitioner nor any of the parties/participants shall indulge in any gambling activities. (ix) The organizers shall be held responsible for any untoward incident.
5.It is made clear that the aforesaid conditions shall be scrupulously followed during the Kabadi tournament and if there is any violation, it is open to the 2nd respondent police to take action immediately in accordance with law.
6.This Criminal Original Petition is allowed with the above directions and the 2nd respondent police is directed to give permission and police protection to the Kabadi Tournament to be conducted only on 19.01.2021 at Aathi Mariamman Temple Ground, T.Murungaipatti Village, Thuraiyur Taluk, Trichy District Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Superintendent of Police, Trichy District, Trichy.
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2.The Inspector of Police, Uppiliyapuram Police Station, Trichy District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
18.01.2021 SMV(CO) TR(18.01.2021) 3P 4C 3/3