B.Esakkidoss, S/O.Balu, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2018

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.(MD) No.24273 of 2018 B.Esakkidoss ... Petitioner -vsState rep. by its:

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

2.The Inspector of Police, Erwadi Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, to direct the respondents to grant permission and accord protection for conducting the Kabadi Tournament scheduled for one day i.e., on 29.12.2018 at 9.00 a.m., to 30.12.2018 at 9.00 a.m., for one day held in Perumal Kovil Ground, Erwadi, Tirunelveli District.

For Petitioner :

Mr.C.Susikumar For R1 & R2 :

Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This writ petition has been filed directing the respondents to grant permission and police protection for conducting Kabadi Tournament schedule to be held on 29.12.2018 at 9.00 a.m., to 30.12.2018 at 09.00 a.m., at Perumal Kovil Ground, Erwadi, Tirunelveli District.

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. Further, he would submit the time sought for by the petitioner to conduct the tournament is very long, therefore, it has to be restricted.

4. The apprehension of the respondents is taken note of. In view of the same, the respondent police are directed to grant permission for conducting the Kabadi tournament, by enclosing the following conditions:

i) The Kabadi tournament should be completed within the time frame fixed by the respondent police; 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) There should not be any Flex Boards representing any community or political leaders; 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 Refree must be authorized person from the District Association; and xiv) The second 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 complied 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(CS-II) /True Copy/ Sub Assistant Registrar(CS-II) To:

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

2. The Inspector of Police, Erwadi Police Station, Tirunelveli District.

+1 cc to Mr.C.Susikumar,Advocate,SR.No.100462 am SS/SV/SAR 2/21.12.2018/2P/4C W.P.(MD) No.24273 of 2018 13.12.2018