Lenin Kumar, v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.5545 of 2015 Leninkumar ... Petitioner Vs 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Gudalur North Police Station, Theni District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant appropriate prior permission with necessary police protection for conducting Kabadi Match which is scheduled to be held on 18.04.2015 and 19.04.2015 in Kottaikaruppasamy Kovil ground situated at Gudalur, Theni District and pass such further or other orders. For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.R.Karthikeyan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents to grant appropriate prior permission with necessary police protection for conducting Kabadi Match, which is scheduled to be held on 18.04.2015 and 19.04.2015 in Kottaikaruppasamy Kovil ground situated at Gudalur, Theni District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner, being a resident of Keelagudalur is regularly conducting Kabadi competition in District level by allowing competent Kabadi players all over the State on the eve of celebrating the festival of Kottaikaruppasamy Temple.

4. Mr.R.Karthikeyan, learned Additional Government Pleader appearing for the respondents, on instructions, would submit that there is a likelihood of law and order problem and hence, permission sought for by the petitioner may be granted with stringent conditions to conduct the same.

5. In view of the said submission, mere likelyhood of law and order problem itself cannot be a ground for rejecting the permission, as sought for by the petitioner and the second respondent has to take https://hcservices.ecourts.gov.in/hcservices/

adequate steps to control law and order problem and accordingly, this Court is inclined to allow the Writ Petition by imposing the following conditions:- (i) The petitioner should ensure that sufficient medical facilities are available at the venue;

(ii) There should not be any kind of play of communal songs praising any communal leaders;

(iii) There should not be any kind of flex boards or hoardings during the said competition;

(iv) It is open to the second respondent to impose other reasonable restrictions for the conduct of Kabadi competition in public interest and to ensure peace;

(v) The said Kabadi competition should be restricted between 06.00 a.m and 11.00 p.m., on 18.04.2015 and 19.04.2015. (vi) The second respondent is directed to issue necessary permission, incorporating the above conditions.

6. Apart from the above said conditions, it is further made clear that the petitioner should not wear any garment bearing the name, symbol and flag of any political party.

7. The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Gudalur North Police Station, Theni District.

+1cc to Mr.S.Sundarapandian, Advocate, SR.No.18879 W.P(MD)No.5545 of 2015 16.04.2015 ps PA/17.04.2015/2P/4C (IT) https://hcservices.ecourts.gov.in/hcservices/