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Madras High CourtWP(MD)/1843/2020disposed of

A.P.Selvaraj v. The Superintendent Of Police

2020-01-30Honourable Mr Justice A.D.Jagadish Chandira3 pages

wBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.01.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA A.P.Selvaraj ... Petitioner Vs.

1.The Superintendent of Police Trichy District, Trichy.

2.The Deputy Superintendent of Police Musiri, Trichy District.

3.The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

4.The Inspector of Police, Jambunatha puram Police Station, Jambunatha puram, Trichy District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents to give permission and adequate police protection for conducting sports meets namely bicycle race, bullock cart race and other sports events, scheduled to be conducted on 08.02.2020, at Aythampatti village, M.Pudupatti Post, Musiri Taluk, Trichy District, on the basis of the petitioner's representation, dated 20.01.2020. For Petitioner : Mr.K.Arunraj For Respondents : Mrs.S.Bharathi Government Advocate(Crl.Side)

ORDER

This Writ Petition has been filed seeking a direction to the respondents to give permission and adequate police protection for conducting sports meet viz., bicycle race, bullock cart race and other sports events, scheduled to be conducted on 08.02.2020, at Aythampatti village, M.Pudupatti Post, Musiri Taluk, Trichy District, on the basis of the petitioner's representation, dated 20.01.2020.

2. Heard both sides.

3.The learned Government Advocate (crl.side) appearing for the respondents would submit that the respondents have no objection in 1/3

conducting sports events, but, there is a ban for conducting bullock cart race, rakla race and cock fight and also the petitioner will give an undertaking that they will not conduct any banned sports. She would further submit that the police does not have any reservations on the place, where the sports meets are to be conducted. However, there is an apprehension that some law and order problem may arise during the tournament. She would also submit that the Director General of Police, in his proceedings in Rc.No.007301/Genl.I(1)/2019 dated 09.04.2019 has issued circular to Commissioner of Police, Superintendent of Police and all the Station Housing Officer and directed them to follow the procedure and instruct the petitioner seeking permission to conduct cultural/ sports programs to comply with the conditions and permission may be granted subject to the petitioner agreeing to comply with the said conditions by filing necessary undertaking before the respondent police.

4.The apprehension of the respondents is taken note of. In view of the same, the respondent police are directed to grant permission for conducting sports meet namely bicycle race and other sports events, by enclosing the following conditions: i) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed;

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

iii) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors along with an ambulance in the venue;

iv) The participants of sport meets shall not wear any form of dress showing offending slogans or picture of any communal/political leader which may cause disturbance; v) Songs praising communal leader or having communal overtones should not be played;

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

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

viii) 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;

ix) Similarly, the Police is empowered to stop the sports meets, if it exceeds beyond the permitted time; x) The participants of the sport meets shall not 2/3

intake any kind of toxic substance or liquor during the sports meets;

xi) If there is any untoward incident takes place, the village people and the organizers of the sports meets be made responsible for the same;

xii) The Refree must be authorized person from the District Association; and xiii) The third respondent is at liberty to impose 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 directed to give an undertaking that they should not conduct bullock cart race, cock fight and other banned sports and 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 sports events.

6.The writ petition stands disposed of with the above directions. However, there shall be no order as to costs. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Superintendent of Police Trichy District, Trichy.

2.The Deputy Superintendent of Police Musiri, Trichy District.

3.The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

4.The Inspector of Police, Jambunatha puram Police Station, Jambunatha puram, Trichy District.

+1cc to Mr.K.ARUNRAJ, ADVOCATE, SR NO.3976 30.01.2020 KK/SAR/03.02.2020/3P-6C/ 3/3