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Madras High CourtWP(MD)/1138/2021disposed of

Pounraj.R v. The Superintendent Of Police

2021-01-25Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA R.Pounraj ... Petitioner Vs.

1.The Superintendant of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Surandai Police Station, Tenkasi District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission and police protection to conduct Kabadi Tournament at Karuppasamy Kovil Thidal, Lakshmipuram Village, Veerakeralampudur Taluk, Tirunelveli District, on 13.02.2021 at night 12.00 p.m to 14.02.2021 at afternoon 12 p.m, based on the representation dated 26.12.2020.

For Petitioner : Mr.S.Selvakumar For Respondents : Mr.R.Saravana Kumar Government Advocate (Criminal Side)

ORDER

By consent, this writ petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has filed this petition seeking permission and police protection to conduct Kabadi Tournament at Karuppasamy Kovil Thidal, Lakshmipuram Village, Veerakeralampudur Taluk, Tirunelveli District on 13.02.2021 and 14.02.2021.

3. Mr.R.Saravana Kumar, learned Government Advocate (Criminal Side) who accepts notice on behalf of the respondents contended that the permission sought for by the petitioner was rejected on 10.01.2021, due to present Covid-19 pandemic situation.

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4. However, considering the request made by the petitioner, 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.

(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. The aforesaid conditions shall be scrupulously followed during the Kabadi tournament and if there is any violation, it is open to the second respondent police to take action immediately in accordance with law.

6.This Writ Petition is disposed of with the above directions and the second respondent police is directed to give permission and police protection to conduct Kabadi Tournament on 13.02.2021 and 14.02.2021 at Karuppasamy Kovil Thidal, Lakshmipuram Village, Veerakeralampudur Taluk, Tirunelveli District.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

rm 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 Superintendant of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Surandai Police Station, Tenkasi District.

25.01.2021 KM (29.01.2021) 3P 3C 3/3