Harikrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.03.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Harikrishnan ...... Petitioner Vs.
1. The Inspector of Police Vaathalai Police Station Trichy District
2. The Sub Inspector of Police Vaathalai Police Station Trichy District ..... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the respondents impugned order dated 12.02.2022 qush the same and consequently directing the respondent to permit the petitioner to conduct the Kabadi tournament on 12.03.2022 at about 6 pm., to 13.03.2022 at about 6.pm. at Ayyanar Kovil Ground , Vaathalai , Manachanallur Taluk, Trichy District with adequate Police protection.
For Petitioner : Mr.N.Jeyarm Sidharth For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)
O R D E R
The prayer in this writ petition is to direct the respondents to quash the impugned order passed by the first respondent dated 12.02.2022 and to grant permission and provide police protection to conduct Kabadi Tournament 12.03.2022 at about 6 pm., to 13.03.2022 at about 6.pm. at Ayyanar Kovil Ground , Vaathalai , Manachanallur Taluk, Trichy District with adequate Police protection by considering the petitioner's representation dated 12.02.2022. 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 Government Advocate(Crl.Side) appearing for the respondents.
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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 12.02.2022. 5.The learned Government Advocate(Crl.Side) 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 there will be some law and order problem therefore, this writ petition is liable to be dismissed.
6.The first respondent is directed to grant permission for conducting the Kabadi tournament on 12.03.2022 and 13.03.2022 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 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 first respondent is at liberty to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity, 2/3
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 first 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 first respondent is quashed. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // 10/03/2022 Sub Assistant Registrar 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 Inspector of Police Vaathalai Police Station Trichy District
2. The Sub Inspector of Police Vaathalai Police Station Trichy District.
W.P (MD).No.3752 of 2022 01.03.2022 AAV MS/VR/SAR-2/10.03.2022/3P.3C 3/3