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Madras High CourtWP(MD)/12282/2019disposed of

P.Charles, v. The Inspector 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.12282 of 2019 P.Charles ... Petitioner Vs.

The Inspector of Police, Tirukurungkudi Police Station, Tirunelveli District.

... Respondent PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondent to grant permission and police protection to conduct kabbadi Tournament by our village Kabbadi Club at Avaranthalai, Nanguneri Taluk, Tirunelvei District, which is scheduled to be taken place on 29.05.2019 and 30.05.2019 between 06.00 pm to 06.00 am in connection with the "19th Prathista Pandigai" at Immanuel Church of Santhosapuram.

For Petitioner : Mr.R.Ponkarthikeyan For Respondent : Ms.M.Anantha Devi Government Advocate (Crl. side)

ORDER

This petition has been filed seeking to direct the respondent to grant permission and police protection to conduct kabbadi Tournament by our village Kabbadi Club at Avaranthalai, Nanguneri Taluk, Tirunelvei District, which is scheduled to be taken place on 29.05.2019 and 30.05.2019 between 06.00 pm to 06.00 am in connection with the "19th Prathista Pandigai" at Immanuel Church of Santhosapuram.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.

3. The learned Government Advocate (Crl. side) appearing for the respondent submits 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 respondent 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 29.05.2019 and 30.05.2019 between 06.00 pm to 06.00 am should be completed between 29.05.2019 and 30.05.2019 between 06.00 pm to 06.00 am.

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 respondent Police 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/ Assistant Registrar // True Copy // Sub Assistant Registrar(CS) tsg/MR To The Inspector of Police, Tirukurungkudi Police Station, Tirunelveli District.

+1CC TO MR.R.PON KARTHIKEYAN, Advocate Sr. No. 66152 Order made in W.P.(MD)No.12282 of 2019 GRL(CO) TR (27.05.2019) 3P 3C