Marimuthu.V v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.05.2022
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH V.Marimuthu ... Petitioner Vs.
1.The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.
2.The Inspector of Police, Puliyankudi Police Station, Tenkasi 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 relating to the impugned order passed by the first respondent in Na.Ka.No.111/camp/SDOP/2022 dated 29.04.2022 and quash the same and consequently directing the respondents herein to grant permission and adequate police protection for conducting the B-Grade Kabaddi Tournament at Indra Nagar, Puliyankudi, Kadaiyanalur Taluk, Tenkasi District from 14.05.2022 to 15.05.2022. For Petitioner : Mr.P.Rajkumar 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 pertaining to the impugned order passed by the first respondent in Na.Ka.No.111/camp/SDOP/2022, dated 29.04.2022 and quash the same and consequently directing the respondents herein to grant permission and adequate police protection for conducting the B-Grade Kabaddi Tournament at Indra Nagar, Puliyankudi, Kadaiyanalur Taluk, Tenkasi District from 14.05.2022 to 15.05.2022.
2.Heard the learned counsel's on either side. 3.The petitioner's request for conducting the Kabadi Tournament at Indra Nagar, Puliyankudi, Kadaiyanalur Taluk, Tenkasi District has been rejected by the first respondent vide impugned order dated 29.04.2022 which prompted the petitioner to file the present writ petition.
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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 29.04.2022 passed by the first respondent is hereby quashed and there shall be a direction to the first respondent herein to grant permission to the petitioner to conduct the Kabadi Tournament on 14.05.2022 to 15.05.2022 at Indra Nagar, Puliyankudi, Kadaiyanalur Taluk, Tenkasi 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 xiii) The first respondent is at liberty to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity, 2/3
so as to maintain law and order and communal harmony. xiv) The first 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 first respondent is quashed. However, there shall be no order as to costs. Sd/- Assistant Registrar (Vacation Officer) // True Copy // / /2022 Sub Assistant Registrar(CS) tsg / pnn To:
1.The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.
2.The Inspector of Police, Puliyankudi Police Station, Tenkasi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P. RAJKUMAR, Advocate ( SR-23560[F] dated 06/05/2022 ) 06.05.2022 RD(11.05.2022) 3P 5C 3/3