Franklin D.Paul, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.12.2018
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.(MD)No. 24217 of 2018 Franklin D.Paul ... Petitioner Vs.
1.The Superintendent of Police, Palayamkottai, Tirunelveli District.
2.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to give permission and police protection to conduct volley ball (under light) tournament on 28.12.2018 from 02.00 p.m., to 02.00 a.m., and State Level Kabaddi (under Light) tournament is scheduled to be held on 29.12.2018 from 04.00 p.m. to 03.00 a.m. at T.D.T.A.High School Campus, Jacobpuram, Tirunelveli District by considering the representation of the petitioner dated 18.11.2018. For Petitioner : Mr.J.Anandkumar For Respondents : Mr.R.Anandharaj Additional Public Prosecutor
ORDER
This petition has been filed seeking, direction to the respondent to accord necessary permission to conduct volley ball (under light) tournament on 28.12.2018 from 02.00 p.m., to 02.00 a.m., and State Level Kabaddi (under Light) tournament is scheduled to be held on 29.12.2018 from 04.00 p.m. to 03.00 a.m. at T.D.T.A.High School Campus, Jacobpuram, Tirunelveli District by providing necessary police protection.
2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
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 respondent police is directed to grant permission for conducting the Volley Ball and Kabadi tournaments, 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 and volleyball" tournaments 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 and volley ball tournaments, if it exceeds beyond the permitted time;
x) the participants of the tournaments 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 tournaments be made responsible for the same;
xii) The Referee must be authorized person from the District Association; and xiii) The 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.
5. The petitioner is also directed to ensure that the conditions are strictly compiled with and also to ensure that no law and order problem is created in the course of conducting the tournament.
6. The writ petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Superintendent of Police, Palayamkottai, Tirunelveli District.
2.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.
+1CC to Mr.J.Anandkumar, Advocate, SR.No. 99125 W.P.(MD)No. 24217 of 2018 07.12.2018 PNN ES/SKN/RSK/SAR 2/10.12.2018/3P/4C