M. Madhavan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.7208 of 2015 M.Madhavan ... Petitioner Vs

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

2. The Sub-Inspector of Police, Paralachi Police Station, Virudhunagar District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the second respondent in pursuance of the order dated 27.04.2015 and quash the same and further directing the second respondent to grant permission and protection to conduct the Kabbadi tournament scheduled on 29.05.2015 from 10.00 p.m. to 4.00 a.m. on 30.05.2015 at Keelkudi Village, Aruppukottai Taluk, Virudhunagar District by considering the petitioner's representation dated 20.04.2015 to the second respondent.

For Petitioner : Mr.P.Santhoshkumar For Respondents : Mr.R.Karthikeyan, Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking to call for the records of the second respondent in pursuance of the order dated 27.04.2015 and quash the same and further directing the second respondent to grant permission and protection to conduct the Kabbadi tournament scheduled on 29.05.2015 from 10.00 p.m. to 4.00 a.m. on 30.05.2015 at Keelkudi Village, Aruppukottai Taluk, Virudhunagar District by considering the petitioner's representation dated 20.04.2015.

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 Keelkudi Village 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 Madha 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. Accordingly, the impugned order is set aside and the writ petition is allowed and the petitioner is permitted to conduct 'Kabbadi Tournament' in connection with the temple festival of Madha Temple at Keelkudi Village, Aruppukottai Taluk, Virudhunagar District, with 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 Tournament should be restricted between 06.00 a.m and 11.00 p.m., on 29.05.2015.

(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. Sd/- Assistant Registrar(T & P) /True Copy/ Sub-Assistant Registrar

To

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

2. The Sub-Inspector of Police, Paralachi Police Station, Virudhunagar District.

+1cc to Mr.P.Santhosh Kumar, Advocate, in SR. No.23423. W.P(MD)No.7208 of 2015 29.04.2015 akv msm 30.04.2015 p3/4c(IT)