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Madras High CourtWP(MD)/4977/2015ordered

P.Kanthasamy v. The Superintendent Of Police

2015-04-01Honourable Mr Justice V. S. Ravi,Honourable Dr Justice S. Tamilvanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2015

CORAM:

THE HONOURABLE DR. JUSTICE S.TAMILVANAN and THE HONOURABLE MR. JUSTICE V.S.RAVI W.P.(MD)No.4977 of 2015 P.Kanthasamy ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to give permission to conduct "Minno Ozhli Kabadi" competition Vithakulam Post, Sugurampatti Thirumangalam Taluk, Madurai District at village level scheduled on 05.04.2015 and 06.04.2015.

For Petitioner : Mr.R.Venkatesh For Respondents : Mr.M.Alaguthevan, Spl.G.P.

O R D E R

(Order of this Court was made by S.TAMILVANAN,J.) This Writ petition has been filed invoking Article 226 of the Constitution of India, seeking an order in the nature of Writ of Mandamus, directing the respondents to give permission to conduct "Minno Ozhli Kabadi" competition Vithakulam Post, Sugurampatti Thirumangalam Taluk, Madurai District at village level scheduled on 05.04.2015 and 06.04.2015. 2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3.Learned counsel appearing for the petitioner would submit that Kabadi programme is being conducted by the villagers. In this connection, a representation was given to the respondent, however, the same was not considered by the respondents so far and hence, the petitioner is before this Court with this Writ petition. The learned counsel appearing for the petitioner further submitted that as the aforesaid Kabadi is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.

4.Mr.M.Alagathevan, learned Special Government Pleader appearing for the respondents, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme. 5.Having considered the facts and circumstances and the submissions made by the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents, we are of the view that necessary permission shall be granted to the petitioner and his villagers to conduct Kabadi programme in the aforesaid place with reasonable conditions.

6.Accordingly, the Writ petition is disposed of with the following directions:

(a)The Kabadi tournament at Vithakulam Post, Sugurampatti Thirumangalam Taluk, Madurai District be held 05.04.2015 and 06.04.2015 between 10.00 a.m. to 10.30 p.m.

ii)The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, Community or creed.

iii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquility. iv) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue. v) 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. vi) Songs praising communal leader or having communal overtones should not be played.

vii) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed.

7.If any of the above said conditions are violated, it is open to the respondents to take appropriate action in accordance with law.

No order as to costs.

Sd/- Assistant Registrar(C.O.,) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

+1cc to Mr.R.Venkatesh, Advocate, in SR. No.16511. W.P.(MD)No.4977 of 2015 01.04.2015 nbj msm 01.04.2015 p3/4c