Jayaprakash.S v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No.7427 of 2022 S.Jayaprakash ... Petitioner Vs.
1. The Superintendent of Police, Surveyor Colony, K.Pudur, Madurai - 625007.
2. The Inspector of Police, Y.Othakadai Police Station, Y.Othakadai, Madurai.
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.22/OTK PS/2022, dated 12.04.2022 and quash the same as illegal and consequently direct the respondents to grant permission to the petitioner for conducting Kabadi Tournament schedule to be held on 23.04.2022 and 24.04.2022 from 08.00 p.m. to 06.00 a.m. for two days in the name of the Selvaraj Memorial 5th Anniversary Kabadi Tournament. For Petitioner :
Mr.P.Banuprasath For Respondents:
Mr.R.M.Anbunithi Additional Public Prosecutor(Crl Side)
O R D E R
The prayer in this writ petition is to call for the records pertaining to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.22/OTK PS/2022, dated 12.04.2022 and quash the same as illegal and consequently direct the respondents to grant permission to the petitioner for conducting Kabadi Tournament schedule to be held on 23.04.2022 and 24.04.2022 from 08.00 p.m. to 06.00 a.m. for two days in the name of the Selvaraj Memorial 5th Anniversary Kabadi Tournament.
2. By consent, the writ petition itself is taken up for final disposal.
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3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
4. The learned counsel appearing for the petitioner would submit that the kabadi tournament is being conducted regularly. He would further submit that the representation given to the respondent was rejected vide the impugned order dated 12.04.2022. 5.The learned Additional Public Prosecutor appearing for the respondents submitted that the request made by the petitioner was rejected on the ground that due to Covid-19 pandemic situation and the local body election, therefore, this writ petition is liable to be dismissed.
6.The second respondent is directed to grant permission for conducting the Kabadi tournament on 23.04.2022 and on 24.04.2022 from 08.00 a.m. to 11. p.m, by enclosing the following conditions: i)The petitioner is directed to pay a sum of Rs.5,000/-(Rupees Five thousand only) as costs to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 23.04.2022 and on receipt of the same, the second respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu.
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 2/4
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. xv) The second respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu.'
7. 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.
8.The writ petition stands disposed of with the above directions and the order passed by the second respondent is quashed. However, there shall be no order as to costs. Sd/- Assistant Registrar(AD-II) // True Copy // 22/04/2022 Sub Assistant Registrar(CS) btr To
1. The Superintendent of Police, Surveyor Colony, K.Pudur, Madurai - 625007.
2. The Inspector of Police, Y.Othakadai Police Station, Y.Othakadai, Madurai.
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3. The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P. BANU PRASATH, Advocate ( SR-19703[F] dated 20/04/2022 ) W.P (MD).No.7427 of 2022 20.04.2022 ck(CO) TR(22.04.2022) 4P 6C 4/4