M.Jeyaprakash, v. State Rep.By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2018

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.(MD)No.23964 of 2018 M.Jeyaprakash ... Petitioner Vs.

State represented by its The Inspector of Police, Somarasampettai Police Station, Trichy District.

... Respondent PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondent to grant permission to conduct the Kabadi competition and to give adequate police protection in District Level scheduled on 08.12.2018 at 09.00 p.m., to 09.12.2018 at 10.00 p.m., "Bharathiyar Kabadi Kuzhu & Amachur Kabadi Kazhagam" at Perunkudi, Somarasampettai Post, Trichy District by considering the petitioner's representation dated 26.11.2018.

For Petitioner : Mr.K.Praveen Kumar For Respondent : Mr.R.Anandaraj Addl. Public Prosecutor

ORDER

This writ petition has been filed directing the respondents to grant permission and to give necessary police protection for conducting Kabadi Tournament scheduled to be held on 08.12.2018 at 09.00 p.m., to 09.12.2018 at 10.00 p.m., in the name of the Bharathiyar Kabadi Kuzhu & Amachur Kabadi Kazhagam at Perunkudi, Somarasampettai Post, Trichy District by considering the petitioner's representation dated 26.11.2018. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3.The learned Additional Public Prosecutor 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 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 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. However, there shall be no order as to costs. Sd/ Assistant Registrar(Records) /True copy/ Sub Assistant Registrar(CS-III)

To 1.The Inspector of Police, Somarasampettai Police Station, Trichy District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.K.PRAVEEN KUMAR, Advocate, SR.No. 98471 W.P.(MD) No.23964 of 2018 MM KK/SKN/SAR-3/05.12.2018/3P-4C