K.Balasubramanian v. The District Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.11126 of 2018 K. Balasubramanian ... Petitioner vs.
1.The District Superintendent of Police, Madurai District.
2. The Deputy Superintendent of Police, Madurai District.
3. The Inspector of Police, Nagamalaipudhukottai Police Station, Madurai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 14.05.2018 and to direct the respondents to permit the petitioner to conduct the Cricket Tournament which is scheduled to be held on 26.05.2018 at about 10.00 a.m., to 27.05.2018 at about 5 a.m., at Thuvariman Kanmai, Madurai District to provide adequate police protection. For Petitioner :
Mr.M. Jegadeeshpandian For Respondents :
Mr.M.Murugan Government Advocate
O R D E R
By consent of both the counsels, this writ petition is taken up for final disposal.
2. In my view, the respondents orally told that they are not in a position to give police protection and permission to the Cricket Tournament, which is not proper. Nevertheless, inorder to ensure that there are no group clashes among the residents, it would be appropriate that the petitioners are permitted to conduct the Cricket Tournament during the day light.
3. Consequently, the petitioner is directed to approach the third respondent and the third respondent is directed to consider the petitioner's request to conduct Cricket Tournament in the light of the earlier order of this Court in W.P.No.9206 of 2017
dated 18.05.2017 positively and grant order to conduct the Cricket Tournament two days on 26.05.2018 at about 10.00 a.m., to 27.05.2018 at about 5 a.m., While considering the petitioner's request, the third respondent is at liberty to impose reasonable restrictions while passing such orders.
4. Accordingly, the Writ Petition is disposed of with the following directions:
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 Cricket 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) No flex boards in support of any political party or religious leader be erected.
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 Cricket 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 Referee must be authorized person from the District Association.
5. No costs.
Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar
To 1.The District Superintendent of Police, Madurai District.
2. The Deputy Superintendent of Police, Madurai District.
3. The Inspector of Police, Nagamalaipudhukottai Police Station, Madurai District.
+1CC to Mr.M.Jegadeesh Pandiyan, Advocate, SR.No. 65979 +1CC to the Special Government Pleader SR.No.65647 W.P.(MD) No.11126 of 2018 18.05.2018 ksa/sts AM/PS/SAR 4/25.05.2018/3P/6C