Mathavan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Mathavan ... Petitioner Vs 1.The Superintendent of Police, Thiruchirappalli District, Thiruchirappalli.
2. The Inspector of Police, E-1 Police Station, Musiri, Thiruchirappalli District.
... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission to conduct the 17th year Kabadi tournament scheduled on 02.04.2022 at about 07.00 am to 03.04.2022 at bout 11.00 pm at Mariamman Kovil Thidal Melatheru, Musiri, Thiruchirappalli District based on the petitioner's representation dated 30.03.2022. For Petitioner : Mr.G.Sarath Kumar For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor (Criminal Side).
O R D E R
This Writ Petition is filed to issue a Writ of Mandamus, directing the respondents to grant permission to conduct the 17th year Kabadi tournament scheduled on 02.04.2022 at about 07.00 am to 03.04.2022 at bout 11.00 pm at Mariamman Kovil Thidal Melatheru, Musiri, Thiruchirappalli District based on the petitioner's representation dated 30.03.2022.
2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
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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 petitioner is directed to pay a sum of Rs.10,000/-(Rupees Ten thousand only) as costs to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 01.04.2022 and on receipt of the same, the respondents police are directed to grant permission for conducting the Kabadi tournament on 02.04.2022 from 08.00 a.m. to 11. p.m and 03.04.2022 from 8.00 a.m to 11.00 p.m, 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 2/3
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. xiv)The respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu.
5.The petitioner is also directed to ensure that the conditions are strictly complied 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.
Sd/- Assistant Registrar(CS I) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) PNM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.The Superintendent of Police, Thiruchirappalli District, Thiruchirappalli.
2. The Inspector of Police, E-1 Police Station, Musiri,Thiruchirappalli District.
3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:
THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND IN IOB, SECRETARIAT BRANCH, CHENNAI-9.
ORDER
IN WP(MD) No.5997 of 2022 Date : 01/04/2022 MK/01.04.2022/3P/5C 3/3