G.Xavier Selvaraja v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2015
CORAM:
THE HONOURABLE MS.JUSTICE R.MALA W.P.(MD)No.15032 of 2015 G.Xavier Selvaraja ... Petitioner Vs.
1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.
3. The Sub Inspector of Police, Palavoor Police Station, 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 protection for conducting Volley Ball Tournament scheduled to be held on 22.08.2015 and 23.08.2015 at about 6.00 p.m to 12.00 p.m. under lights at Sports Ground, Near CSI Church, Avaraikulam, Radhapuram Taluk, Tirunelveli District based on the petitioner's representation to the respondents dated 29.07.2015, 06.08.2015 and 08.08.2015.
For Petitioner : Mr.R.Rajesh Kumar For Respondents : Mr.D.Muruganandham Additional Govt. Pleader
ORDER
This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, directing the respondents to grant permission and protection for conducting Volley Ball Tournament scheduled to be held on 22.08.2015 and 23.08.2015 at about 6.00 p.m to 12.00 p.m. under lights at Sports Ground, Near CSI Church, Avaraikulam, Radhapuram Taluk, Tirunelveli District based on the petitioner's representation to the respondents dated 29.07.2015, 06.08.2015 and 08.08.2015.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3. The learned counsel for the petitioner would submit that
the villagers jointly decided to conduct the Volley Ball Tournament from 22.08.2015 and 23.08.2015 at 6.00 p.m. to 12.00 p.m. In this connection, representations were given to the respondent police, with a request to grant permission to conduct the tournament on the above said date, however, the respondent Police has not considered the request of the petitioner and hence, the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner further submitted that as the Volley Ball Tournament is conducted in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.
4. The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such tournament.
5. Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents, this Court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct Volley Ball Tournament on the above said dates.
6. Accordingly, the Writ Petition is disposed of with the following directions:
(i) The Volley Ball Tournament at Sports Ground, Near CSI Church, Avaraikulam, Radhapuram Taluk, Tirunelveli District be held on 22.08.2015 at 6.00 p.m. to 12.00 p.m. for women and on 23.08.2015 at 6.00 p.m. to 12.00 p.m. for men.
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 tranquility. iv) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue. v) The participants of Volley Ball 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) No flex boards in support of any political party or religious leader be erected.
(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 Volley Ball 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 respondent concerned is directed to issue necessary permission, incorporating the above conditions. No costs.
Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar Note: Issue order copy on 20.08.2015.
To
1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.
3. The Sub Inspector of Police, Palavoor Police Station, Tirunelveli District.
+ 1 CC TO MR.R.RAJESHKUMAR ADVOCATE SR NO. 47913 AKV TE/KBM/SAR-II 21/08/2015 3P/5C W.P.(MD)No.15032 of 2015 20.08.2015