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Madras High CourtWP(MD)/3561/2022disposed of

Mathayanai B v. The Superintendent Of Police

2022-02-24Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN B.Mathayanai ... Petitioner Vs

1. The Superintendent of Police, District Police Office, K.Pudur, Surveyor Colony, Madurai, Madurai District.

2. The Inspector of Police, Y.Othakadai Police Station, Madurai District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to permit the petitioner to conduct Kabaddi Match for the Youth at Malaisamypuram, Y.Kodikulam with the permitted Loudspeakers and Mikes by the Umpires from Tamilnadu Amateur Kabaddi Association on 26.02.2022 and 27.02.2022 from Morning till Midnight or the time schedule stipulated by this Hon'ble Court. For Petitioner : Mr.B.Brijesh Kishore For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus directing the respondents herein to permit the petitioner to conduct Kabaddi Match for the Youth at Malaisamypuram, Y.Kodikulam with the permitted Loudspeakers and Mikes by the Umpires from Tamilnadu Amateur Kabaddi Association on 26.02.2022 and 27.02.2022 from Morning till Midnight or the time schedule stipulated by this Court.

2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.The learned Additional Public Prosecutor appearing for the respondents submits that the police does not have any reservations 1/3

on the place, where the tournament is to be conducted. However, there is an apprehension that some law and order problem may arise during the tournament.

4.The respondents police are directed to grant permission for conducting the Kabadi tournament on 26.02.2022 08.00 a.m. to 11. p.m and 27.02.2022 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 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;

xiii) Permit use of loud speakers and mikes by the Umpires in the tournament and the sound system should be operated within the permissible decibel levels; 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. 2/3

xv) The COVID-19 restrictions have now been lifted and permitted to gather not more than 50 persons for the Tournament.

xvi) The second respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu.

5.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. 6.The writ petition stands disposed of with the above directions. However, there shall be no order as to costs. Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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, District Police Office, K.Pudur, Surveyor Colony, Madurai, Madurai District.

2. The Inspector of Police, Y.Othakadai Police Station, Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.B.BRIJESH KISHORE, Advocate ( SR-8262[F] dated 24/02/2022 ) ORDER IN WP(MD) No.3561 of 2022 Date : 24/02/2022 SMV(CO) TR(24.02.2022) 3P 5C 3/3