Praveen v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2019 CORAM :
THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.9949 of 2019 Praveen ... Petitioner Vs.
1.The Superintendent of Police, Tirunelveli District.
2.The Inspector of Police, Pavoorchatram Police Station, Tirunelveli 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 grant permission and protection for conducting Kabadi Tournament scheduled to be conducted from 11.05.2019 and 12.05.2019 at about 12.00 AM to 12.00 PM matches to be held at Public Ground at Adaikalapattinam Alangulam Taluk, Tirunelveli District, based on the petitioner's representation to the respondent dated 22.04.2019.
For Petitioner : Mr.S.Selvakumar For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)
ORDER
This petition has been filed to direct the respondents to grant permission and adequate Police Protection for conducting Kabadi Tournament scheduled to be conducted on 11.05.2019 and 12.05.2019 at about 12.00 AM to 12.00 PM matches to be held at Public Ground at Adaikalapattinam Alangulam Taluk, Tirunelveli District, based on the petitioner's representation to the respondent dated 22.04.2019.
2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
3. The petitioner is seeking permission to conduct the Kabadi tournament on 11.05.2019 and 12.05.2019 at about 12.00 AM to 12.00 PM and he submitted a detailed representation to the respondents on 22.04.2019. Since the same was not considered, the petitioner has filed the present writ petition.
4. Today, when the matter is taken up for hearing, though the prayer sought for by the petitioner is to conduct the Kabadi
tournament on 11.05.2019 and 12.05.2019 at about 12.00 AM to 12.00 PM, he now restricts his prayer that the permission may be given to the petitioner to conduct the Kabadi tournament from morning 4.00 a.m to 9.00 a.m and evening 04.00 p.m to 11.00 p.m on 11.05.2019 and 12.05.2019.
5. The learned counsel for the petitioner submits that the Police is usually treating the breaking schedule of the games as two separate days. Hence, a direction may be issued to the respondent Police not to receive any additional cost for the breaking period.
6.The learned Government Advocate appearing for the respondent submits that the respondent police have no serious objection for conducting the tournament.
7. Considering the submissions made on either side, this Court directs the respondent police to grant permission to the petitioner for conducting the Kabadi tournament at Public Ground at Adaikalapattinam, Alangulam Taluk, Tirunelveli District on 11.05.2019 and 12.05.2019 from morning 4.00 a.m to 9.00 a.m and evening 04.00 p.m to 11.00 p.m, by enclosing the following conditions:
i) The Kabadi tournament should be completed from morning 4.00 a.m to 09.00 a.m and evening 04.00 p.m to 11.00 p.m on 11.05.2019 and 12.05.2019;
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) 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.
8. 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. It is made clear that as per the judicial order, the entire duration is broken into two parts. The Police is directed not to receive any additional fee for that.
9.The writ petition is disposed of. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tirunelveli District.
2.The Inspector of Police, Pavoorchatram Police Station, Tirunelveli District.
+1 CC to M/s.S.SELVAKUMAR, Advocate( SR-62710[F] dated 25/04/2019 ) VS W.P.(MD)No.9949 of 2019 25.04.2019 KM/(03.05.2019) 3P 4C