Arvinraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.05.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Arvinraj ... Petitioner Vs.

1. The Superintendent of Police Thanjavur, Thanjavur Distrit.

2. The Inspector of Police, Budalur Police Station, Thanjavur District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to grant permission and to provide police protection to conduct "Kabbadi Tournament" on 21.05.2022, Saturday by considering the petitioner's representation, dated 05.05.2022 within the time stipulated as prescribed by this Court.

For Petitioner : Mr.R.L.Dhilipan Pandian For Respondents : Mr.A.Albert James No.1 & 2 Government Advocate (Crl)

ORDER

This writ petition has been filed directing the respondents to grant permission and to provide police protection to conduct "Kabbadi Tournament" on 21.05.2022, Saturday by considering the petitioner's representation, dated 05.05.2022 within the time stipulated as prescribed by this Court.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl) appearing for the respondents.

3. The learned Government Advocate (Crl) 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 "Kabbadi Tournament" on 21.05.2022 at about 6.00 a.m., to 12.00 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, if the participants have any criminal case pending if they are not entitled to participate in the event, x) the police is empowered to stop the Kabadi tournament, if it proceeds 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) Though the COVID-19 restrictions have now been lifted, however, wearing mask is made mandatory even now, hence all the spectators must wear the mask and follow the COVID-19 restricted procedure as announced by the Health Department.

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xvi) 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 and order problem is created in the course of conducting the tournament.

6. The writ petition stands disposed of with the above directions. However, there shall be no order as to costs. Sd/- Assistant Registrar () // True Copy // 20/05/2022 Sub Assistant Registrar(CS) btr/rmi To

1. The Superintendent of Police Thanjavur, Thanjavur Distrit.

2. The Inspector of Police, Budalur Police Station, Thanjavur District.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

11.05.2022 USK/20.05.2022/3P/4C 3/3