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Madras High CourtWP(MD)/6382/2022disposed of

Mathavan v. The Superintendent Of Police

2022-04-06Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P(MD).No.6382 of 2022 Mathavan

...Petitioner

Vs.

1.The Superintendent of Police, Thiruchirappalli District, Thiruchirappalli.

2. The Inspector of Police, E1-Police Station, Musiri, Thiruchirappalli District.

...Respondents

Prayer : Writ Petition 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 to be held on 09.04.2022 at about 7.00AM to 10.04.2022 at about 11.00 PM at Mariamman Kovil Thidal, Melatheru, Sevanthalingapuram, Thiruchirappalli District based on the Petitioner's Representation dated 04.04.2022. For Petitioner : Mr.G.Sarath Kumar For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side)

ORDER

This writ petition has been filed seeking a direction to the respondents grant permission to conduct the Seventeenth Year Kabadi Tournament, which is scheduled to be held on 09.04.2022 at about 7.00 AM to 10.04.2022 at about 11.00 PM at Mariamman Kovil Thidal, Melatheru, Sevanthalingapuram, Thiruchirappalli District based on the petitioner's representation, dated 04.04.2022.

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 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 10.04.2022 from 08.00 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 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. 2/4

xiv) The second 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.This Court is of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands disposed of. The petitioner is directed to pay a sum of Rs.10,000/-(Rupees Ten thousand only) as costs to the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai on or before 08.04.2022 and on receipt of the same, the second 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 Kabadi match from 09.04.2022 to 10.04.2022 between 08.00 a.m., and 11.00 p.m.

, at Mariamman Kovil Thidal, Melatheru, Sevanthalingapuram, Thiruchirappalli District subject to the aforesaid conditions. Sd/- Assistant Registrar(CO) // True Copy // 06/04/2022 Sub Assistant Registrar(CS) lr To 1.The Superintendent of Police, Thiruchirappalli District, Thiruchirappalli.

2. The Inspector of Police, E1-Police Station, Musiri, Thiruchirappalli District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to The Officer-in-Charge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai W.P(MD).No.6382 of 2022 06.04.2022 km(CO) TR(06.04.2022) 4P 5C 4/4