R. Ramanathan, v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.10085 of 2015 R.Ramanathan ... Petitioner Vs.

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

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to grant permission and protection for Cricket tournament scheduled to be held on 26.06.2015 to 28.06.2015 at about 9 a.m to 6 p.m. in connection with "Cricket Competition" at Government Arts College Ground, Melur Taluk, Madurai District.

For Petitioner : Mr.S.Sethupathi For Respondents : Mr.R.Karthikeyan Additional Government Pleader

ORDER

Mr.R.Karthikeyan learned Additional Government Pleader takes notice on behalf of the respondents. By consent, the writ petition is taken up for disposal at the stage of admission.

2. This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, to direct the respondents to grant permission and protection for Cricket tournament scheduled to be held on 26.06.2015 to 28.06.2015 at about 9 a.m to 6 p.m. in connection with "Cricket Competition" at Government Arts College Ground, Melur Taluk, Madurai District.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4. The learned counsel for the petitioner submitted that the petitioner, being a resident of Jothi Nagar, Melur Taluk, Madurai District is regularly conducting Cricket Tournament by allowing competent players all over the State.

5. Mr.R.Karthikeyan, learned Additional Government Pleader appearing for the respondents, on instructions, would submit that there is a likelihood of law and order problem and hence, permission sought for by the petitioner may be granted with stringent conditions to conduct the same.

6. In view of the said submission, mere likelihood of law and order problem itself cannot be a ground for rejecting the permission, as sought for by the petitioner and the second respondent has to take adequate steps to control law and order problem and accordingly, this Court is inclined to allow the Writ Petition by imposing the following conditions:- (i) The petitioner should ensure that sufficient medical facilities are available at the venue;

(ii) There should not be any kind of play of communal songs praising any communal leaders;

(iii) There should not be any kind of flex boards or hoardings during the said competition;

(iv) It is open to the second respondent to impose other reasonable restrictions for the conduct of Cricket Tournament in public interest and to ensure peace;

(v) The said Cricket Tournament should be restricted from 26.06.2015 at about 09.00 a.m to 06.00 p.m on 28.06.2015. (vi) The second respondent is directed to issue necessary permission, incorporating the above conditions.

7. Apart from the above said conditions, it is further made clear that the petitioner should not wear any garment bearing the name, symbol and flag of any political party.

8. The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (Per.Admn) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

+1cc to M/s.S.Sethupathi, Advocate Sr.No.32570 +1cc to The Spl.Govt.Pleader Sr.No.32698 pjl akm/PPS/3P-5C/22.06.15 W.P(MD)No.10085 of 2015 22.06.2015