N. Thangaraj, v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.12445 of 2015 N.Thangaraj ... Petitioner Vs.

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

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

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant permission and necessary protection to conduct Kabaddi Tournament in State Level scheduled on 13.08.2015 and 14.08.2015 at 7.00p.m at S.N.Pallivasal Periyavar Thidal, Kalakadu Village, Tirunelveli District by considering the Petitioner's representation dated 07.07.2015. For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.M.Murugan Government Advocate

O R D E R

Mr.M.Murugan, learned Government Advocate 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, directing the respondents to grant permission and necessary protection to conduct Kabadi Tournament in State Level scheduled on 13.08.2015 and 14.08.2015 at 7.00p.m at S.N.Pallivasal Periyavar Thidal, Kalakadu Village, Tirunelveli District by considering the Petitioner's representation dated 07.07.2015.

3. The learned counsel for the petitioner submitted that the petitioner, being a resident of Kalakadu Village, Tirunelveli District and he is the President of A.N.Pallivasal Sports Club, is regularly conducting Kabadi competition by allowing competent Kabadi players all over the State.

4. Mr.M.Murugan, learned Government Advocate 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.

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5. In view of the said submission, this court is of the view that 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 Kabadi competition in public interest and to ensure peace;

(v) The said Kabadi competition should be restricted from 13.08.2015 from 07.00 p.m to 14.08.2015 at (*)12.00 p.m. (vi) The second respondent is directed to issue necessary permission, incorporating the above conditions.

6. 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.

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

Sd/- Assistant Registrar(AS) (*)Corrected as per order date 31.07.2015 Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar PJL To To be substituted the order already despatached on 27.07.2015

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

2. The Inspector of Police, Kalakadu Police Station, Kalakadu, Tirunelveli District. +1cc to Mr.K.Sudalaiyandi,Advocate in Sr NO.42811 +1cc to Mr.Special Government Pleader Sr No.40068 Writ Petition(MD)No.12445 of 2015 21.07.2015 rg.24.07.2015 2p/5c https://hcservices.ecourts.gov.in/hcservices/