Madras High CourtWP(MD)/9500/2015disposed of

K.Uma Mageswaran, v. The Supdt. Of Police,

2015-06-12Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.9500 of 2015 K.Uma Mageswaran ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District, Sivagangai District.

2.The Inspector of Police, Manamadurai, Sivagangai District.

... Respondents 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 grant permission with necessary police protection to conduct a Kapadi competition by AKR Anburoja youth welfare club, Arumugam Sports Club to be held on 13.06.2015 between 05.00 a.m. to 10.30 p.m at OVC ground, Manamadurai, Sivagangai District based on the petitioner's representation, dated 10.06.2015.

For Petitioner : Mr.S.Baskara Mathuram For Respondents : Mr.R.Karthikeyan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents to grant permission with necessary police protection to conduct a Kapadi competition by AKR Anburoja youth welfare club, Arumugam Sports Club to be held on 13.06.2015 between 05.00 a.m. to 10.30 p.m at OVC ground, Manamadurai, Sivagangai District based on the petitioner's representation, dated 10.06.2015.

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 Manamadurai, is the co-ordinator of the Kabadi competition regularly conducting Kabadi competition arranged by AKR Anburoja youth welfare club, Arumugam Sports Club.

4. Mr.R.Karthikeyan, learned Additional Government Pleader appearing for the respondents, on instructions, would submit that there is https://hcservices.ecourts.gov.in/hcservices/

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 the case referred is also five years old and the second 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;

(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 competition should be restricted between 06.00 a.m and 11.00 p.m., on 13.06.2015.

(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.

7. The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai District. 2.The Inspector of Police, Manamadurai, Sivagangai District. +1cc to Mr.S.Baskara Mathuram, Advocate, in SR. No. 30140 TS/12.06.2015/2P-4C W.P(MD)No.9500 of 2015 12.06.2015 https://hcservices.ecourts.gov.in/hcservices/