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Madras High CourtWP(MD)/7502/2015disposed of

E.Mahindran v. The Superintendet Of Police

2015-04-30Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.7502 of 2015 E.Mahindran ... Petitioner Vs.

1. The Superintendent of Police, Tirunelveli District, Palayamkottai.

2. The Inspector of Police, Vasudevanallur, Tirunelveli District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to give permission and protection to conduct Kabadi Tournament on two days i.e., 30.05.2015 and 31.05.2015 during the festival of Arulmigu Mariamman Temple at Vasudevanallur, Tirunelveli District between 10.00 p.m. to 6.00 a.m.

For Petitioner : S.Xavier Rajini For Respondents : Mr.R.Karthikeyan, Addl. Government Pleader

O R D E R

This writ petition has been filed by the petitioner seeking for a Writ of Mandamus directing the respondents to give permission and protection to conduct Kabadi Tournament on two days i.e., 30.05.2015 and 31.05.2015 during the festival of Arulmigu Mariamman Temple at Vasudevanallur, Tirunelveli District between 10.00 p.m. to 6.00 a.m.

2. Mr.R.Karthikeyan, learned Additional Government Pleader takes notice for the respondents.

3. By consent, the Writ Petition itself is taken up for final disposal.

4. The learned counsel for the petitioner would submit that the petitioner is the Organiser to conduct Kabadi Tournament on two days i.e., 30.05.2015 and 31.05.2015 during the festival of Arulmigu Mariamman Temple, Vasudevanallur, Tirunelveli District. The learned counsel undertakes that the petitioner would not give any political colour to the Kabadi Game, scheduled to be held on 30.05.2015 and 31.05.2015 and the https://hcservices.ecourts.gov.in/hcservices/

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. The 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 Tournament and therefore, permission may be granted with certain conditions.

6. Taking note of the fact that the petitioner is going to organise only Kabadi Tournament, keeping it open to everyone from his village and outside the village, beyond religion, caste, community and religion, this Court finds no impediment to grant permission to conduct "Kabadi Tournament" event, on 30.05.2015 and 31.05.2015 during the festival of Arulmigu Mariamman Temple at Vasudevanallur, Tirunelveli and the second respondent is directed to give permission to the petitioner to conduct "Kabadi Game" event, subject to the following conditions:- i) The petitioner shall ensure that the Kabadi Tournament should not spill over beyond the stipulated time;

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

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

7. If any of the above said conditions are violated, it is open to the second respondent 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(CO) \\True copy\\ Sub Assistant Registrar To

1. The Superintendent of Police,Tirunelveli District,Palayamkottai.

2. The Inspector of Police, Vasudevanallur, Tirunelveli District. +1cc TO M/S.S.XAVIER RAJINI, ADVOCATE SR.NO.24576 +1cc TO THE SPECIAL GOVERNMENT PLEADER SR.NO.24951 W.P(MD)No.7502 of 2015 30.04.2015 AKV NA/12/05/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/