Murugan.P v. The Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.02.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 3320 of 2022 P.Murugan ... Petitioner Vs.
1. The Collector
2. The Superintendent of Police Umachikulam Sub Division Madurai
3. The Deputy Superintendent of Police
4. The Inspector of Police Othakadai Police Station Othakadai ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus or any other appropriate Writ, Order or Direction in the nature of writ, to call for the records of the fourth respondent dated 15.02.2022 in Na.Ka.No.06/OTK PS 2022 and quash the same as illegal and consequently direct the respondent to grant permission and provide police protection to conduct Kabadi Tournament on 26.02.2022 and 27.02.2022 which will be conducted at the ground situated near Nondi Kovil Temple, Madurai East Taluk, Madurai District by considering the petitioner's representation dated 16.02.2022. For Petitioner : Mr.M.Mahendran For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor
O R D E R
The prayer in this writ petition is to direct the respondents to quash the impugned order passed by the fourth respondent in Na.Ka.No.06/OTK PS 2022 dated 15.02.2022 and to grant permission and provide police protection to conduct Kabadi Tournament on 26.02.2022 and 27.02.2022 which will be conducted at the ground situated near Nondi Kovil Temple, Madurai East Taluk, Madurai District by considering the petitioner's representation dated 16.02.2022. 1/4
2.By consent, the writ petition itself is taken up for final disposal.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
4. The learned counsel appearing for the petitioner would submit that the kabadi tournament is being conducted regularly. He would further submit that the representation given to the respondent was rejected vide the impugned order dated 15.02.2022. 5.The learned Additional Public Prosecutor appearing for the respondents submitted that the request made by the petitioner was rejected on the ground that due to Covid-19 pandemic situation and the local body election, therefore, this writ petition is liable to be dismissed.
6.The fourth respondent is directed to grant permission for conducting the Kabadi tournament on 26.02.2022 and on 27.02.2022 from 08.00 a.m. to 11. p.m, 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 in the venue; iv)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;
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 Kabadi tournament, if it exceeds beyond the permitted time; x) the participants of the tournament shall not intake any kind of toxic substance or liquor during the 2/4
tournament;
xi) If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same;
xii) The Refree must be authorized person from the District Association; and xiii) The fourth 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. xiv) The COVID-19 restrictions have now been lifted and permitted to gather not more than 50 persons for the Tournament.
xv) The fourth respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu.'
7.The petitioner is also directed to ensure that the conditions are strictly complied with and also to ensure that no law and order problem is created in the course of conducting the tournament. 8.The writ petition stands disposed of with the above directions and the order passed by the fourth respondent is quashed. However, there shall be no order as to costs. Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav 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 Collector
2. The Superintendent of Police Umachikulam Sub Division Madurai 3/4
3. The Deputy Superintendent of Police
4. The Inspector of Police Othakadai Police Station Othakadai
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.MAHENDRAN, Advocate ( SR-7871[F] dated 22/02/2022 ) W.P (MD).No.3320 of 2022 22..02.2022 AM(CO) TR(24.02.2022) 4P 7C 4/4