Jegadhesan v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2018

CORAM

THE HON'BLE MR. JUSTICE M.S.RAMESH W.P.(MD)No.10928 of 2018 Jegadhesan ... Petitioner Vs.

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

2. The Inspector of Police, Uthumalai Police Station, Tirunelveli District.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a WRIT OF MANDAMUS directing the respondents to grant permission and protection for Kapadi tournament programme scheduled to be held from 19.05.2018 at 11.00p.m to 20.05.2018 at 11.00a.m in the church tidal, Kadanganeri, Alangaulam Taluk, Tirunelveli District.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

The prayer in this writ petition is to direct the respondents to give permission to conduct Kabadi Tournament on 19.05.2018 and 20.05.2018 in the church tidal, Kadanganeri, Alangaulam Taluk, Tirunelveli District.

2.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing on behalf of the respondents.

3.Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents, this Court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct Kabadi tournament on the above said dates.

4. Accordingly, the Writ Petition is disposed of with the following directions:

(i)The Kabadi tournament in the church tidal, Kadanganeri, Alangaulam Taluk, Tirunelveli District, scheduled to be held on 19.05.2018 at 11.00p.m to 20.05.2018 at 11.00a.m.

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)No flex boards in support of any political party or religious leader be erected.

(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 respondent concerned is directed to issue necessary permission, incorporating the above conditions. (xiv) The Refree must be authorized person from the District Association.

Sd/- Vacation Officer /True copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Uthumalai Police Station, Tirunelveli District.

+1cc to Mr.S.Sivakumar, Advocate, SR.No.65377. W.P.(MD).No.10928 of 2018 AAV RAM/RSK/SAR 3/18.05.2018/3P/4C