Gunasekar.I v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.05.2022

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH I.Gunasekar ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Keelakarai Sub-Division, Ramanathapuram District.

3.The Inspector of Police, Earvadi Dharga Police Station, Ramanathapuram District.

... 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 connected to the order in Na.Ka.No.06/22, dated 28.04.2022 issued by the third respondent and quash the same and consequently directing the respondents to grant permission and police protection to conduct Kabaadi Tournament on 14.05.2022 and 15.05.2022 in Karukkathi Village, Keelakarai Taluk, Ramanathapuram District.

For Petitioner : Mr.S.Malaikani For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

O R D E R

The prayer in this writ petition is filed seeking a Writ of Certiorarified Mandamus, to call for the records connected to the order in Na.Ka.No.06/22, dated 28.04.2022, issued by the third respondent and quash the same and consequently directing the respondents to grant permission and police protection to conduct Kabaadi Tournament on 14.05.2022 and 15.05.2022 in Karukkathi Village, Keelakarai Taluk, Ramanathapuram District. 2.Heard the learned counsel's on either side. 3.The petitioner's request for conducting the Kabadi Tournament at Karukkathi Village, Keelakarai Taluk, Ramanathapuram District has 1/3

been rejected by the third respondent vide impugned order dated 28.04.2022 which prompted the petitioner to file the present writ petition.

4..The learned Government Advocate (Criminal side) appearing for the respondents submitted that the request made by the petitioner was rejected on the ground that due to law and order problem, therefore, this writ petition is liable to be dismissed.

5. Accordingly, the impugned order dated 28.04.2022 passed by the third respondent is hereby quashed and there shall be a direction to the third respondent herein to grant permission to the petitioner to conduct the Kabadi Tournament on 14.05.2022 to 15.05.2022 at Karukkathi Village, Keelakarai Taluk, Ramanathapuram District, between 8.00 a.m. and 11.00 p.m., subject to 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 2/3

xiii) The third 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 third respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu.'

6. 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.

7. The writ petition stands disposed of with the above directions and the order passed by the third respondent is quashed. However, there shall be no order as to costs. Sd/- Assistant Registrar (Vacation Officer) // True Copy // 11/05/2022 Sub Assistant Registrar(CS) tsg / pnn To 1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Keelakarai Sub-Division, Ramanathapuram District.

3.The Inspector of Police, Earvadi Dharga Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S. MALAIKANI, Advocate ( SR-23539[F] dated 06/05/2022 ) 06.05.2022 MGJ(11.05.2022) 3P 6C 3/3