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Madras High CourtWP(MD)/10771/2022allowed

Mareeswaran v. The Collector

2022-06-02Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2022

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Mareeswaran .. Petitioner Vs.

1.The State of Tamil Nadu rep. by the Collector, Virudhunagar District, Virudhunagar.

2.The District Superintendent of Police, Virudhunagar District, Virudhunagar.

3.The Deputy District Superintendent of Police, Srivilliputhur, Virudhunagar District.

4.The Inspector of Police, Watrap Police Station, Watrap, Virudhunagar District.

5.The District Sports Officer, Virudhunagar District Sports Auditorium, Virudhunagar District, Virudhunagar.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to grant permission and police protection for Kabaddi Tournament Scheduled to be conduct on 04.06.2022 and 05.06.2022 (Starting at 4.00 p.m.) on the basis of petitioner's representation, dated 30.05.2022, within time stipulated by this Court. For Petitioner : Mr.P.M.Vishnuvarthanan For Respondent : Mr.M.Muthumanikkam Counsel for Government of Tamilnadu (Crl. Side) 1/4

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the 4th respondent to grant permission and police protection for Kabaddi Tournament Scheduled to be conduct on 04.06.2022 and 05.06.2022 (Starting at 4.00 p.m.) on the basis of petitioner's representation, dated 30.05.2022, within time stipulated by this Court.

2.Heard Mr.P.M.Vishnuvarthanan, the learned counsel appearing for the petitioner and Mr.M.Muthumanikkam, learned Counsel for Government of Tamil Nadu (Crl. Side) appearing for the respondents. 3.On the side of the petitioner, it is stated that the petitioner has sent a representation to the respondents seeking permission to conduct Kabaddi Tournament. Since their representation is not considered, he has filed this writ petition.

4.On the side of the respondents, it is stated that for the past 13 years the Tournament was stopped, since there may be a chance of some agitation in the local area. But on the side of the respondent, a written submission was made, wherein, it has been stated that the respondents have no objection to grant permission to the petitioner to conduct Kabadi Tournament subject to certain conditions.

5.In view of the submissions made on either side, this Court is inclined to allow this writ petition subject to certain conditions. Accordingly, the fourth respondent police is directed to grant permission and police protection to conduct 'Kabadi Tournament' on 04.06.2022 and 05.06.2022 in the scheduled place subject to the following conditions:

i. The Kabadi Tournament shall be supervised by the respondent police.

ii.The organizers should take pre-cautionary measures to avoid any untoward incident while conducting the Kabadi Tournament. iii.Songs praising communal leaders or having communal overtones should not be played.

iv.The petitioner should ensure that no flex board or hoardings depicting any particular community or leader is displayed. v. All the above terms and conditions should be followed scrupulously by the petitioner and the petitioner shall file an affidavit of undertaking to the said effect before the respondents.

vi.There should be a separate place allocated for the spectators. vii.Kabadi players alone should be allowed to participate in the event.

viii.Neither the petitioner nor any of the parties/participants shall indulge in any gambling activities.

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ix.The organizers shall be held responsible for any untoward incident.

6. The aforesaid conditions shall be scrupulously followed during the Kabadi tournament and if there is any violation, it is open to the fourth respondent police to take action immediately in accordance with law.

7.This Writ Petition is allowed with the above directions. No Costs.

Sd/- Vacation Officer/ Assistant Registrar // True Copy // 03/06/2022 Sub Assistant Registrar(CS) TM/SM To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Superintendent of Police, Virudhunagar District, Virudhunagar.

3.The Deputy District Superintendent of Police, Srivilliputhur, Virudhunagar District.

4.The Inspector of Police, Watrap Police Station, Watrap, Virudhunagar District.

5.The District Sports Officer, Virudhunagar District Sports Auditorium, Virudhunagar District, Virudhunagar.

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6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate ( SR-24278[F] dated 03/06/2022 ) 02.06.2022 am(CO) TR(03.06.2022) 4P 8C 4/4