Joseph v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.05.2022
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Joseph ... Petitioner Vs.
1.The Superintendent of Police, Cheranmahadevi, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, 3.The Sub-Inspector of Police, Pathamadai Police Station, ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to grant permission to conduct "KABAADI Competition" in the memory of 82nd Pariyovan Koil Pradhistai Festival and other cultural events by using Box Speakers on 29.05.2022 at about 9.00 pm to 06.00 am conducted by the Kingmaker Sports Club situated at Melasadayamankulam, Pathamadai, Cheranmahadevi Taluk, Tirunelveli District based on the representation given by the petitioner, dated 09.05.2022.
For Petitioner : Mr.C.Susikumar For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor
ORDER
This writ petition has been filed seeking a direction to the respondents to grant permission to conduct "KABAADI Competition" in the memory of 82nd Pariyovan Koil Pradhistai Festival and other cultural events by using Box Speakers on 29.05.2022 at about 9.00 pm to 06.00 am conducted by the Kingmaker Sports Club situated at Melasadayamankulam, Pathamadai, Cheranmahadevi Taluk, Tirunelveli District based on the representation given by the petitioner, dated 09.05.2022.
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2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3.The learned Additional Public Prosecutor 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.
4.The respondents police are directed to grant permission for conducting the Kabadi tournament on 29.05.2022 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;
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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 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.
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.This Court is of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands disposed of. The third 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 Kabadi match on 29.05.2022 between 08.00 a.m., and 11.00 p.m., at Melasadayamankulam, Pathamadai, Cheranmahadevi Taluk, Tirunelveli District, subject to the aforesaid conditions. Sd/- Assistant Registrar (Vacation Offiver) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To 1.The Superintendent of Police, Cheranmahadevi, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, 3/4
3.The Sub-Inspector of Police, Pathamadai Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
18.05.2022 RK(26/05/2022) 4P 5C 4/4