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Madras High CourtWP(MD)/6221/2022disposed of

Surya .J v. The Superintendent Of Police

2022-04-05Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 6221 of 2022 J.Surya .... Petitioner Vs.

1. The Superintendent of Police, Superintendent of Police Office, Thanjavur District.

2. The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Thiruvaiyaru.

3. The Sub Inspector of Police, Thogur Police Station, Thanjavur District.

....Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents herein to look in to the grievance of the petitioner expressed in the representation, dated 01.04.2022 and thereby accord permission to conduct the Kabadi Sport every year for boys which is conducting by Jayabal Memorial Ilam Singam team on commences from 09.04.2022 at 6.00 P.M. to 11.04.2022 at 10.00 P.M. (Day and Night Match) at Orathur, Nathamangalam, Thanjavur District.

For Petitioner : Mr.B.Deepak For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This writ petition has been filed directing the respondents herein to look in to the grievance of the petitioner expressed in the representation, dated 01.04.2022 and thereby accord permission to conduct the Kabadi Sport every year for boys which is conducting by Jayabal Memorial Ilam Singam team on commences from 09.04.2022 at 6.00 P.M. to 11.04.2022 at 10.00 P.M. (Day and Night Match) at Orathur, Nathamangalam, Thanjavur District.

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 respondents police are directed to grant permission for conducting the Kabadi tournament on 09.04.2022 from 08.00 a.m. to 11.00 p.m and 11.04.2022 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 xiii) The third 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. 2/4

xiv) The third 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 petitioner is directed to pay a sum of Rs.15,000/- (Rupees Fifteen 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 09.04.2022 and on receipt of the same, the third respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu and grant permission to the writ petitioner to conduct the Kabaddi competition on 09.04.2022 and 11.04.2022 between 8.00 a.m., to 11.00 p.m.

7. The writ petition stands disposed of with the above directions. However, there shall be no order as to costs. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) btr To

1. The Superintendent of Police, Superintendent of Police Office, Thanjavur District.

2. The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Thiruvaiyaru.

3. The Sub Inspector of Police, Thogur Police Station, Thanjavur District.

4. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai 3/4

Copy to The Finance Secretary Chief Minister Public Relief Fund, Secretariat, Chennai-9 W.P (MD).No.6221 of 2022 05.04.2022 SB(CO) KB(08.04.2022) 4P 6C 4/4