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Madras High CourtWP(MD)/6225/2015disposed of

Gopalsamy, v. The Deputy Superintendent

2015-04-22Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.6225 of 2015 Gopalasamy ... Petitioner Vs.

1. The Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District.

2. The Inspector of Police, Pavoorchatram Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to give adequate police protection for the upcoming Kabaddi events to be held on 02.05.2015 (Saturday) at about 10.00p.m. to 03.05.2015 at about 10.00a.m. at Thippanampatti Kamarajar Ground, Tenkasi Taluk, Tirunelveli District.

For Petitioner : Mr.RM.Arun Swaminathan for M/s.Chettinad Legal Solutions For Respondents : Mr.R.Karthikeyan Additional Government Pleader

O R D E R

This writ petition has been filed under Article 226 of Constitution of India, seeking for issuance of a Writ of Mandamus, to direct the respondents to give adequate police protection for the upcoming Kabaddi events to be held between 10.00 p.m. on 02.05.2015 and 10.00 a.m on 03.05.2015 at Thippanampatti Kamarajar Ground, Tenkasi Taluk, Tirunelveli District.

3. Heard the learned Additional Government Pleader and the learned counsel for the petitioner and perused the materials available on record.

4. Learned counsel for the petitioner would submit that the petitioner is doing social activities and have been developing various sports and games in their locality by joined together with one Saaral Sports Club and Saaral Public Welfare Associations, Thippanampatti, Sankarankovil. This year they have decided to conduct the Kabaddi event, between 10.00 p.m. on 02.05.2015 and 10.00 a.m on 03.05.2015 at Thippanampatti Kamarajar Ground, Tenkasi Taluk, Tirunelveli District. In this connection, a representation was given on 08.04.2015 to the respondents, with a request to grant permission to conduct Kabaddi event, between 10.00 p.m. on 02.05.2015 and 10.00 a.m on 03.05.2015 at Thippanampatti Kamarajar Ground, Tenkasi Taluk, Tirunelveli District, however no order was passed by the respondents on the said representation https://hcservices.ecourts.gov.in/hcservices/

and hence the petitioner is before this Court with this Writ Petition. The learned counsel undertakes that the petitioner would not give any political colour to the Kabadi Game, scheduled to be held between 10.00 p.m. on 02.05.2015 and 10.00 a.m on 03.05.2015 and the petitioner is prepared to abide by any conditions to be imposed by the respondents, if the respondents grant permission for conducting Kabadi Game. The undertaking given by the learned counsel for the petitioner is recorded.

5. Learned Additional Government Pleader appearing for the respondents,on instructions from the respondents, would submit that he has no serious objection for granting permission to the petitioner to conduct Kabadi match and therefore, permission may be granted with certain conditions.

6. Taking note of the fact that the petitioner is going to organise only Kabadi Game, keeping it open to everyone from his village and outside the village, beyond religion, caste and community, this Court finds no impediment to grant permission to conduct "Kabadi Game" event, between 10.00 p.m. on 02.05.2015 and 10.00 a.m on 03.05.2015 at Thippanampatti Kamarajar Ground, Tenkasi Taluk, Tirunelveli District, the second respondent is directed to give permission to the petitioner to conduct "Kabadi Game" event, subject to the following conditions:- a) The petitioner shall ensure that the Kabadi Game should not spill over beyond the stipulated time;

b) The petitioner and other participants should not raise any slogan about the party or party leader;

c) The petitioner shall ensure that there will not be any untoward incident, causing disturbance to the public peace and tranquility; d) The petitioner shall also ensure for proper first-aid arrangements, by keeping one or two doctors at the avenue. e) The participants of Kabadi Game shall not wear any dress showing the slogan or picture of any communal/political leader; and f) The petitioner shall ensure that there should not be any flex board or hoardings at the avenue.

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

8. With the above directions, this writ petition is ordered as above. No costs.

Sd/- Assistant Registrar(AS) \\True copy\\ Sub Assistant Registrar To

1. The Deputy Superintendent of Police,Alangulam Sub Division, Tirunelveli District.

2. The Inspector of Police, Pavoorchatram Police Station, Tirunelveli District.

+1cc TO SPECIAL GOVERNMENT PLEADER SR.NO. 21346 +1cc to MR.CHETTINAD LEGAL SOLUTIONS SR.NO.20891 W.P(MD)No.6225 of 2015 22.4.2015 PJ1/AKV NA/27/04/2015/P2/5C(IT) https://hcservices.ecourts.gov.in/hcservices/