Bharathi.A v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.05.2022
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH A.Bharathi ... Petitioner Vs 1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, K.Pudur Police Station, Madurai.
... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to grant permission and police protection to conduct Kabadi Tournament from 14.05.2022 and 15.05.2022 timing on 14.05.2022 Night 8.00 p.m to 15.05.2022 night 10.00 P.M. Ayyanar Kovil Play Ground, Uthangudi, Madurai by considering the petitioner's representation dated 03.05.2022. For Petitioner : Mr.K.Pandiyarajan For Respondents : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side).
O R D E R
This writ petition has been filed to direct the second respondent to grant permission and police protection to conduct Kabaadi Tournament from 14.05.2022 and 15.05.2022 timing on 14.05.2022 Night 8.00 p.m to 15.05.2022 night 10.00 P.M. Ayyanar Kovil Play Ground, Uthangudi, Madurai by considering the petitioner's representation dated 03.05.2022.
2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondents.
3. The learned Government Advocate (Crl.side) 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.
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4. The respondents police are directed to grant permission for conducting the Kabadi tournament on 14.05.2022 and 15.05.2022 from 08.00 a.m. to 11.00 p.m by enclosing the following conditions: i) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed;
ii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity;
iii)The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue; iv)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;
v)Songs praising communal leader or having communal overtones should not be played;
vi)The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed;
vii)There should not be any Flex Boards representing any community or political leaders;
viii)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;
ix)Similarly, the Police is empowered to stop the Kabadi tournament, if it exceeds beyond the permitted time; x) the participants of the tournament shall not intake any kind of toxic substance or liquor during the tournament;
xi) If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same;
xii) The Refree must be authorized person from the District Association; and xiii) 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. xiv) The second respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu.
5. The petitioner is also directed to ensure that the conditions are strictly complied with and also to ensure that no law 2/4
and order problem is created in the course of conducting the tournament.
6. The petitioner is directed to pay a sum of Rs.10,000/- (Rupees Ten 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 12.05.2022 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 and grant permission to the writ petitioner to conduct the Kabaddi competition on 14.05.2022 and 15.05.2022 between 8.00 a.m., to 11.00 p.m at Ayyanar Kovil Play Ground, Uthangudi, Madurai
7. The writ petition stands disposed of with the above directions. However, there shall be no order as to costs. Sd/- Vacation Officer // True Copy // 12/05/2022 Sub Assistant Registrar(CS) tta Note:- In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, K.Pudur Police Station, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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COPY TO:- THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.
ORDER
IN WP(MD) No.9432 of 2022 Date : 05/05/2022 GM(CO) GC(12.05.2022) 4P 5C 4/4