P.Sankar v. The Stat Represented Through

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.05.2019

CORAM

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.(MD)No.12412 of 2019 P.Sankar ... Petitioner Vs.

The State represented through The Inspector of Police, Vuppiliyapuram Police Station, Trichy.

... Respondent PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondent to grant permission and protection to conduct Kabadi Tournament on 08.06.2019 at 6.00 p.m. to 10.00 p.m. and 09.06.2019 at 6.00 p.m. to 10.00 p.m. at 7 Dream Brothers Kabadi Ground, Patchiperumalpatti, Annanagar, Trichy by considering petitioner's representation, dated 23.05.2019. For Petitioner : Mr.S.Ajmeer Kaja For Respondent : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This writ petition has been filed seeking a Writ of Mandamus, directing the respondents to give permission and police protection to conduct Kabadi Tournament on 08.06.2019 at 6.00 p.m. to 10.00 p.m. and 09.06.2019 at 6.00 p.m. to 10.00 p.m. at 7 Dream Brothers Kabadi Ground, Patchiperumalpatti, Annanagar, Trichy by considering petitioner's representation, dated 23.05.2019.

2. Heard Mr.S.Ajmeer Kaja, learned Counsel appearing for the petitioner and Mr.R.Anandharaj, learned Additional Public Prosecutor, appearing for the State.

3. The learned Additional Public Prosecutor appearing for the respondents 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 respondents police are directed to grant permission for conducting the Kabadi tournament, 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 any untoward incident takes 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 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. However, there shall be no order as to costs. sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar

To The Inspector of Police, Vuppiliyapuram Police Station, Trichy.

+1 CC to Mr.S.AJMEER KAJA, Advocate ( SR-66315[F] dated 30/05/2019 ) W.P.(MD)No.12412 of 2019 29.05.2019 tm MK (03.06.2019) 3P 3C