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Madras High CourtWP(MD)/12263/2019disposed of

T.Balaji, S/O.Thangaraj v. The Superintendent Of Police

2019-05-22Honourable Mrs Justice S. Ramathilagam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.05.2019

CORAM

THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM W.P.(MD)No.12263 of 2019 T.Balaji ... Petitioner Vs.

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

2.The Inspector of Police, Uppiliapuram Police Station, Trichy District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents to grant permission to conduct the Flood Light Kabadi competition conducted by "7 Killers Kabadi Kuzhu" scheduled on 25.05.2019 at about 08.00 PM to 26.05.2019 at about 11.00 PM in the play ground which is situated in Kattapalli Village, Turaiyur Taluk, Trichy, by considering petitioner's representation dated 20.05.2019. For Petitioner : Mr.K.Sivabalan For Respondents : Ms.M.Anantha Devi Government Advocate (Crl. side)

ORDER

This petition has been filed seeking to direct the respondent to grant permission to conduct the Flood Light Kabadi competition conducted by "7 Killers Kabadi Kuzhu" scheduled on 25.05.2019 at about 08.00 PM to 26.05.2019 at about 11.00 PM in the play ground which is situated in Kattapalli Village, Turaiyur Taluk, Trichy, by considering petitioner's representation dated 20.05.2019.

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 respondents submitted that the police does not have any reservations 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 apprehension of the respondents is taken note of. In

view of the same, the respondent police is directed to grant permission for conducting the Kabadi tournament, by enclosing the following conditions:

i) The Kabadi tournament done by the petitioner scheduled on 25.05.2019 at about 08.00 PM to 26.05.2019 at about 11.00 PM should be completed between 25.05.2019 at about 08.00 PM to 26.05.2019 at about 11.00 PM. 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;

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/- Vacation Officer // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Uppiliapuram Police Station, Kudankulam, Trichy District.

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-66169[F] dated 22/05/2019 ) Order made in W.P.(MD)No.12263 of 2019 tsg KK/SAR/23.05.2019/ 3P- 4C