M.K.Pandi Kumar v. The Deputy Superintendent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2018
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.22211 of 2018 M.K.Pandi Kumar ... Petitioner Vs.
1.The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.
2.The Sub-Inspector of Police, Vikkiramangalam Police Station, Madurai District.
... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to grant permission and necessary protection to perform the program namely, "Kabadi Competition" to be held on 24.11.2018 and 25.11.2018 in the eve of "Karthigai Festival"at Nadumuthalaikkulam Village at Usilampatti Taluk, Madurai District by considering the petitioner's representation dated 26.10.2018 within a time frame as may be fixed by this Court.
For Petitioner : Mr.S.Shanmugavel Priya For Respondents : Mr.S.Dhayalan, Government Advocate.
ORDER
This writ petition has been filed, directing the respondents to grant permission and necessary protection to perform the program namely, "Kabadi Competition" to be held on 24.11.2018 and 25.11.2018 in the eve of "Karthigai Festival"at Nadumuthalaikkulam Village at Usilampatti Taluk, Madurai District by considering the petitioner's representation dated 26.10.2018 within a time frame as may be fixed by this Court.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The learned Government Advocate appearing for the respondents submits that the police does not have any reservations on the place, where the tournament is to be conducted. However, there is an apprehension that some law and order problem may arise during the tournament.
4.The respondents police are directed to grant permission for conducting the Kabadi tournament, by enclosing the following conditions:
i) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed;
ii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity;
iii) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue; iv) The participants of "Kabadi" tournament shall not wear any form of dress showing offending slogans or picture of any communal/political leader which may cause disturbance;
v) Songs praising communal leader or having communal overtones should not be played;
vi) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed;
vii) There should not be any Flex Boards representing any community or political leaders;
viii) If there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance;
ix) Similarly, the Police is empowered to stop the Kabadi tournament, if it exceeds beyond the permitted time; x) the participants of the tournament shall not intake any kind of toxic substance or liquor during the tournament;
xi) If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same;
xii) The Refree must be authorized person from the District Association; and xiii) The second respondent is at liberty to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity,
so as to maintain law and order and communal harmony. 5.The petitioner is also directed to ensure that the conditions are strictly compiled with and also to ensure that no law and order problem is created in the course of conducting the tournament. 6.The writ petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar(CS-I) Myr To 1.The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.
2.The Sub-Inspector of Police, Vikkiramangalam Police Station, Madurai District.
+1cc to M/s.Shanmugavel Priya, Advocate in SR No.93519 +1cc to Spl Government Pleader, SR No.94242 W.P.(MD)No.22211 of 2018 NM/SV/SAR I/09.11.18/3P/5C.