Kadalmani, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2019 CORAM :
THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P. (MD)No. 5282 of 2019 Kadalmani ...
Petitioner /Vs./
1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Inspector of Police, Pavoorchathiram Police Station, Pavoorchathiram, Tirunelveli District.
... Respondent PRAYER: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant permission to conduct Lighting Kabadi competition programme held on 16.03.2019 at about 10.00 p.m., and 17.03.2019 at about 10.00 a.m., along with necessary sound service at Pethanadarpatti, Alangulam Taluk, Tirunelveli Disitrict .
For Petitioner : Mr.B. Anandan For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)
ORDER
This Writ Petition has been filed to direct the respondents to grant permission to conduct Lighting Kabadi competition programme held on 16.03.2019 at about 10.00 p.m., and 17.03.2019 at about 10.00 a.m., along with necessary sound service at Pethanadarpatti, Alangulam Taluk, Tirunelveli Disitrict.
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) has not raised any serious objection to conduct Lighting Kabadi Competition programme.
4.Considering the submission made by the learned Government
Advocate (Criminal Side), this Court directs the respondents to grant permission for Lighting Kabadi tournament with the following conditions:
i) In case, if for some reasons, the 2nd respondent does not consider to grant permission to the petitioner for conducting kabadi tournament in the night, after 10.00 p.m. on 16.03.2019, the permission may be granted to the petitioner to conduct the Kabadi tournament from 06.00 a.m., to 09.00 p.m., and 04.00 p.m., to 11.00 p.m., in the night;
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.
6. The learned counsel appearing for the petitioner on instructions undertakes that the petitioner will take responsibility for the peaceful conduct of the entire Kabadi Tournament. He is
directed to give necessary undertaking to the respondent police in this regard.
7. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS I) To
1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Inspector of Police, Pavoorchathiram Police Station, Pavoorchathiram, Tirunelveli District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
1 CC to M/s.B.ANANDAN, Advocate ( SR-52520[F] dated 08/03/2019 ) W.P.(MD)Nos. 5282 of 2019 06.03.2019 DS/ /SAR- (11.03.2019) 3P 5C