P.Ananth, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2019 CORAM :
THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.6858 of 2019 P. Ananth ... Petitioner /Vs./ 1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Kallakudi Police Station, Trichy District.
... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to permit the petitioner to conduct Kabadi Tournament from 22.03.2019 at about 10.00 p.m., to 24.03.2019 at about 10.00 a.m., at Alambakkam, near TV Nagar Bus Stop, Lalgudi Taluk, Trichy District. For Petitioner : Mr.T.Leninkumar For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)
ORDER
This petition has been filed to direct the respondents to permit the petitioner to conduct Kabadi Tournament from from 22.03.2019 at about 10.00 p.m., to 24.03.2019 at about 10.00 a.m., at Alambakkam, near TV Nagar Bus Stop, Lalgudi Taluk, Trichy District.
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) has no serious objection to grant permission to the petitioner to conduct the Kabadi Tournament subject to stringent conditions.
4. Considering the facts and circumstances of the case, this Court directs the respondent to consider the representation of the petitioner dated 20.03.2019 and dispose of the same by enclosing the following conditions:
i) The Kabadi tournament done by the petitioner scheduled to be held on 23.03.2019 and 24.03.2019 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; 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. No symbol of any political party or picture of any person affiliated in the political party shall be used.
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. xviii) In any event, Kabadi Tournament will be conducted only between 06.00 a.m., to 10.00 a.m, in the morning and 04.00 pm., to 10.00 p.m., in the evening on
23.03.2019 and 24.03.2019.
5. 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.
6. The learned Government Advocate (Crl. Side) is required to telephonically communicate the operating portion of this order to the second respondent.
7. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) trp To 1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Kallakudi Police Station, Trichy District.
+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-56023[F] dated 22/03/2019 ) W.P.(MD)No.6858 of 2019 22.03.2019 DS/ /SAR- (29.03.2019) 3P 4C