M.Ganeshkumar 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.11150 of 2018 M.Ganeshkumar ... Petitioner Vs.

1.The Superintendent of Police Tirunelveli District at Palayamkottai 2.The Inspector of Police Vasudevanallur 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 give permission to conduct Kabadi Tournament on 26.05.2018 during the Vaikasi Pongal Festival celebration between 12.05 to next day 6 p.m. in the petitioner's village, namely, Vasudevanallur, Tirunelveli District for Kalaiman Sports Club. For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.M.Murugan Government Advocate

O R D E R

The prayer in this writ petition is to direct the respondents to give permission to conduct Kabadi Tournament on 26.05.2018 during the Vaikasi Pongal Festival celebration between 12.05 to next day 6 p.m. in the petitioner's village, namely, Vasudevanallur, Tirunelveli District for Kalaiman Sports Club. 2.Heard the learned counsel for the petitioner as well as the learned Government Advocate 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 Government Advocate 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 petitioner's village, namely, Vasudevanallur, Tirunelveli District for Kalaiman Sports Club, scheduled to be held on 26.05.2018 between 12.05 to next day 6 p.m.

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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.

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police,Tirunelveli District at Palayamkottai 2.The Inspector of Police, Vasudevanallur Police Station Tirunelveli District.

+1CC to Mr.A.Joseph Jerry, Advocate, SR.No. 65353 W.P.(MD).No.11150 of 2018 msa AM/SKN RSK/SAR 4/23.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/