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Madras High CourtWP(MD)/12981/2017allowed

P.Jebastin, v. The Inspector Of Police,

2017-07-14Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.12981 of 2017 P.Jebastin ... Petitioner Vs.

The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to grant permission and police protection to conduct Kabbadi Tournament by the Thomas Walker Kabbadi Club at Thomas Walker School Ground, Dohnavur, Tirunelveli District, which is scheduled to be taken place on 14.08.2017 to 15.08.2017 between 07.00 p.m to 04.00 a.m. in connection with "124th Thothira Pandigai" at Christ Church of Dohnavur.

For Petitioner : Mr.C.Joseph Sathianeson For Respondent : Mr.A.K.Baskara Pandian, Special Government Pleader.

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O R D E R

This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, directing the respondent to grant permission and police protection to conduct Kabbadi Tournament by the Thomas Walker Kabbadi Club at Thomas Walker School Ground, Dohnavur, Tirunelveli District, which is scheduled to be taken place on 14.08.2017 to 15.08.2017 between 07.00 p.m to 04.00 a.m. in connection with "124th Thothira Pandigai" at Christ Church of Dohnavur.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.

3.The learned counsel for the petitioner would submit that the villagers jointly decided to conduct the Kabadi tournament 14.08.2017 to 15.08.2017 between 07.00 p.m to 04.00 a.m. at Thomas Walker School Ground, Dohnavur, Tirunelveli District. In this connection, a representation, dated 11.07.2017, was given to the

respondent police, with a request to grant permission to conduct the tournament on the above said dates, however, the respondent Police has not considered the request of the petitioner and hence, the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner further submitted that as Kabadi Tournament is conducted in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.

4.The learned Special Government Pleader appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such tournament. 5.Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondent, this Court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct Kabadi tournament on the above said dates.

6. Accordingly, the Writ Petition is disposed of with the following directions:

(i)The Kabadi tournament at Thomas Walker School Ground, Dohnavur, Tirunelveli District, scheduled to be held from 14.08.2017 to 15.08.2017 between 07.00 p.m to 04.00 a.m.

ii)The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed.

iii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity.

iv) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue. v)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.

vi)Songs praising communal leader or having communal overtones should not be played.

vii)The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed.

(viii)No flex boards in support of any political party or religious leader be erected.

(ix)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;

(x)Similarly, the Police is empowered to stop the Kabadi tournament, if it exceeds beyond the permitted time.

(xi)the participants of the tournament shall not intake any kind of toxic substance or liquor during the tournament;

(xii)If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same;

(xiii)The respondent concerned is directed to issue necessary permission, incorporating the above conditions.

(xiv) The Refree must be authorized person from the District Association.

No costs.

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

+1 CC to M/s.C.JOSEPH SATHIANESAN, Advocate, SR No. 65931. +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 65892. SRM/TA PSM/SKN-RSK/SAR1/21.07.2017/3P/4C W.P.(MD)No.12981 of 2017 14.07.2017