Madras High CourtWP(MD)/6697/2015disposed of

Palanisamy v. The Inspector Of Police

2015-04-27Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.P.(MD)No.6697 of 2015 Palanisamy ... Petitioner Vs.

The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

... Respondent 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 give permission and protection for conducting Kabadi tournament at Melavaraguna Ramapuram, Puthur Village, Rajapalayam Taluk, Virudhunagar District scheduled to be held on 09.05.2015 and 10.05.2015. For Petitioner : Mr.S.Muniyandi For Respondents : Mr.R.Karthikeyan, AGP

O R D E R

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents to give permission and protection for conducting Kabadi tournament at Melavaraguna Ramapuram, Puthur Village, Rajapalayam Taluk, Virudhunagar District scheduled to be held on 09.05.2015 and 10.05.2015. 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 above said Village is regularly conducting Kabadi competition by allowing competent players. 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 respondent has to take 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;

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(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 third 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 09.05.2015 and 10.05.2015. (vi) The 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(AS) /True copy/ Sub Assistant Registrar nbj To The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

+1CC TO MR.S.MUNIYANDI,ADVOCATE IN SR NO.22300 +1CC TO SPECIAL GOVERNMENT PLEADER IN SR NO.22870 W.P(MD)No.6697 of 2015 27.04.2015 RG.30.04.2015 2P/4C https://hcservices.ecourts.gov.in/hcservices/