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Madras High CourtWP(MD)/10987/2018disposed of

N.S.Rajendran, v. The Superintendent Of Police

2018-05-16Honourable Mr Justice M.S. Ramesh4 pages

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.10987 of 2018 and W.M.P(MD).No.10110 of 2018 N.S.Rajendran ... Petitioner Vs.

1. The Superintendent of Police Tirunelveli District Tirunelveli

2. The Assistant Superintendent of Police Cheranmahadevi Sub Division Tirunelveli District

3. The Inspector of Police Cheranmahadevi Police Station Tirunelveli District ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 2nd respondent by his proceedings in Na.Ka.No.141/Se.Mu.Aa/O.Kaa.Ka/Cherai/2018 dated 26.04.2018 and quash the same as illegal and consequently direct the 2nd respondent to give adequate police protection and also providing sound service permission during the Lighting Kabadi Tournament on 19.05.2018 at about 07.00 p.m to 20.05.2018 at about 08.00 a.m (one day), Arumuga Perumal Nadar ground at Kanganankulam, Cheranmahadevi Taluk, Tirunelveli District.

For Petitioner : Mr.S.Krishnan For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

O R D E R

The prayer in this writ petition is to call for the records relating to the impugned order passed by the 2nd respondent by his proceedings in Na.Ka.No.141/Se.Mu.Aa/O.Kaa.Ka/Cherai/2018 dated 26.04.2018 and quash the same as illegal and consequently direct the 2nd respondent to give adequate police protection and also

providing sound service permission during the Lighting Kabadi Tournament on 19.05.2018 at about 07.00 p.m to 20.05.2018 at about 08.00 a.m(one day), Arumuga Perumal Nadar ground at Kanganankulam, Cheranmahadevi 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 stands allowed. The impugned order passed by the second respondent is set aside and the second respondent is directed to consider the petitioner's representation with the following conditions: (i)The Kabadi tournament at Arumuga Perumal Nadar ground at Kanganankulam, Cheranmahadevi Taluk, Tirunelveli District scheduled to be held from 19.05.2018 at about 07.00 p.m to 20.05.2018 at about 08.00 a.m(one day), 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.

No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Vacation Officer( ) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police Tirunelveli District Tirunelveli

2. The Assistant Superintendent of Police Cheranmahadevi Sub Division Tirunelveli District

3. The Inspector of Police Cheranmahadevi Police Station Tirunelveli District

+1cc to Mr.S.Krishnan Advocate in SR. No.65729 +1cc to SPECIAL GOVERNMENT PLEADER in SR. No.65635 msa MK/JC/SAR-3/18.05.2018/4P/6C W.P.(MD).No.10987 of 2018 and W.M.P(MD).No.10110 of 2018 16.05.2018