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Madras High CourtWP(MD)/1527/2020disposed of

Anburaj v. The Superintendent Of Police

2020-01-24Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Anburaj ... Petitioner Vs.

1.The Superintendent of Police, Trichy District, Trichy.

2.State Rep. by its The Inspector of Police (L&O), Lalgudi Police Station, Lalgudi Taluk, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus, to direct the respondents to grant permission to conduct the Kabadi competition and to give adequate police protection in District Level scheduled on 24.01.2020 at 08.00 p.m to 26.01.2020 at 08.00 p.m., "Kabadi Kuzhu" at Kalaiamman Kovil Thidal, Thinniyam, Lalgudi Taluk, Trichy District, by considering the petitioner's representation, dated 21.01.2020. For Petitioner : Mr.V.Karuna For Respondents : Mrs.S.Bharathi, Government Advocate(Crl.side)

ORDER

This writ petition has been filed seeking a direction to the respondents to grant permission to conduct the Kabadi competition and to give adequate police protection in District Level scheduled on 24.01.2020 at 08.00 p.m to 26.01.2020 at 08.00 p.m., "Kabadi Kuzhu" at Kalaiamman Kovil Thidal, Thinniyam, Lalgudi Taluk, Trichy District, by considering the petitioner's representation, dated 21.01.2020.

2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate(Crl.side) appearing for the respondents.

3.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the petitioner has sought for permission to conduct Kabadi Tournament on 24.01.2020 at 08.00 p.m to 26.01.2020 at 08.00 p.m. "Kabadi Kuzhu" at Kalaiamman Kovil 1/3

Thidal, Thinniyam, Lalgudi Taluk, Trichy District. She would further submit that they have no objection for the petitioner to conduct Kabadi Tournament. She would further submit that on 05.01.2020, there was a problem in the village and a case has been registered in Crime No.3 of 2020, for the offences under Sections 324 and 323 of IPC. She would further submit that the petitioner's organizers are not involved in the offences. However, there is an apprehension that some law and order problem may arise during the tournament. Further, she would submit the time sought for by the petitioner to conduct the tournament is very long, therefore, it has to be restricted.

4. The apprehension of the respondents is taken note of. In view of the same, the respondents police are directed to grant permission for conducting the Kabadi tournament, by enclosing the following conditions:

i) The Kabadi tournament done by the petitioner scheduled to be held on 24.01.2020 to 26.01.2020, should be completed within the time frame fixed by the respondent police;

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;

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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 second respondent 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.

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 stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-II) /TRUE COPY/ / /2020 Sub Assistant Registrar To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police (L&O), Lalgudi Police Station, Lalgudi Taluk, Trichy District.

24.01.2020 SJI JM/SAR 3/24.01.2020/3P/3C 3/3