N.Muthuraja, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2019

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.5904 of 2019 N.Muthuraja ... Petitioner Vs.

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

2.The Inspector of Police, Kudankulam Police Station, Kudankulam, Tirunelveli District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the second respondent to consider the representation of petitioner's dated 27.02.2019 to grant permission for conducting Kabaddi Tournament as scheduled to be held on 19.03.2019 from 06.00 pm., to next day 06.00 a.m., on 20.03.2019 at the playground earmarked at North Kamarajar Street, Kudankulam & Village, Radhapuram Taluk, Tirunelveli District. For Petitioner : Mr.S.Balamurugan For Respondents : Mrs.S.Bharathi Government Advocate

ORDER

This petition has been filed seeking to direct the second respondent to consider the representation of petitioner's dated 27.02.2019 to grant permission for conducting Kabaddi Tournament as scheduled to be held on 19.03.2019 from 06.00 pm., to next day 06.00 a.m., on 20.03.2019 at the playground earmarked at North Kamarajar Street, Kudankulam & Village, Radhapuram Taluk, Tirunelveli District.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. The learned Government Advocate 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 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 to be held from 06.00 p.m., on 19.03.2019 to 06.00 a.m., on 20.03.219, should be completed between 06.00 am., to 09.00 a.m., in the morning and 04.00 p.m., to 10.00 p.m,, in the evening on 20.03.2019;

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) No price shall be given in the name of any political party or in the name of any Member associated with any political party.

x) No speech supporting or opposing any political party shall be made in the said tournament.

xi) The sport should be conducted in the spirit of sport and there will not be any bogey for political combine for the general election, 2019.

xii) 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;

xiii) Similarly, the Police is empowered to stop the Kabadi tournament, if it exceeds beyond the permitted time; xiv) the participants of the tournament shall not intake any kind of toxic substance or liquor during the tournament;

xv) If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same;

xvi) The Refree must be authorized person from the District Association; and xvii) 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/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Kudankulam Police Station, Kudankulam, Tirunelveli District.

+1cc to Mr.S.BALAMURUGAN, Advocate, SR.No.54027 Order made in W.P.(MD)No.5904 of 2019 TA KK/SAR-/15.03.2019/3P-4C