R.Sathish Kumar, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.05.2018
CORAM
THE HON'BLE MRS.JUSTICE R.THARANI W.P.(MD)No.10693 of 2018 R.Sathish Kumar ... Petitioner -Vs1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Thuvakudi Police Station, Trichy District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission to conduct the "Kabadi" competition conducted by "Anand Memorial Kabadi Kuzhu" and to give adequate police protection in Village Level Kabadi Competition scheduled on 19.05.2018 at about 10.00 p.m. to 20.05.2018 at about 10.00 p.m. at Mariamman Kovil Thidal, Kungumapuram, Valavanthankottai, Trichy District, by considering the petitioner's representation, dated 27.04.2018. For Petitioner : Mr.G.R.Satish For Respondents : Mrs.V.P.M.Vaishnavi Government Advocate
O R D E R
This Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to grant permission to conduct the "Kabadi" Tournament conducted by "Anand Memorial Kabadi Kuzhu" and to give adequate police protection in Village Level Kabadi Competition scheduled on 19.05.2018 at about 10.00 p.m. to 20.05.2018 at about 10.00 p.m. at Mariamman Kovil Thidal, Kungumapuram, Valavanthankottai, Trichy District, by considering the petitioner's representation, dated 27.04.2018.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Kabadi" Tournament on 19.05.2018 at about 10.00 p.m. to 20.05.2018 at about 10.00 p.m. at Mariamman Kovil Thidal, Kungumapuram, Valavanthankottai, Trichy District. In this connection, representations were given to the respondents on 27.04.2018, with a request to grant permission to
conduct the tournament on the above said date. However, the respondents have not considered the request of the petitioner and hence, the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner further submitted that as the "Kabadi" Tournament is conducted in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.
4. The learned Government Advocate appearing for the respondents, on instructions, submitted that this Court may grant permission for conducting "Kabadi" Tournament, subject to stringent conditions.
5. Considering the facts and circumstances of the case, the Writ Petition is disposed of with the following directions: The second respondent/Inspector of Police, Thuvakudi Police Station, Trichy District, is directed to consider the representation of the petitioner, dated 27.04.2018 and to give permission and to provide police protection for conducting "Kabadi" tournament scheduled to be held on 19.05.2018 at about10.00 p.m. to 20.05.2018 at about 10.00 p.m.
at Mariamman Kovil Thidal, Kungumapuram, Valavanthankottai, Trichy District, subject to 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 respondent concerned is directed to issue necessary permission, incorporating the above conditions. xiii) The Refree must be authorized person from the District Association.
6. The second respondent is at liberty to put any further restrictions or to impose any conditions purely in the interest of preserving public peace and tranquillity, so as to maintain law and order and communal harmony. There can be a total ban for putting up any Flex Boards representing any community. No costs. Sd/- Vacation Officer (RTI) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Thuvakudi Police Station, Trichy District.
+1cc to M/S.G.R.Satish, Advocate SR.No. 65212 +1cc to Special Government Pleader, SR.No. 65248 W.P.(MD) No. 10693 of 2018 09.05.2018 ls/akv JM/SV MMS/SAR 4/11.05.2018/3P/5C