A.M.Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 13781 of 2017 A.M.Muthukumar ... Petitioner -VsThe Inspector of Police, Somarasampettai Police Station, Trichy - 620 102. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the responders to grant permission and protection for conducting Kabadi Tournament scheduled to be conducted from 29.07.2017 at 08.00 am onwards till 30.07.2017 10.00pm day and night matches to be held at Sports Ground near at Athavathur Manickpauram, Sunnambukaranpatti, Srirengam Taluk, Trichy District based on the petitioner's representation to the respondent dated 20.07.2017. For Petitioner : Mr.C.Shanmugasundaram For Respondents : Mr.A.K.Baskarapandian Special Government Pleader.

***

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 for conducting Kabadi Tournament scheduled to be conducted from 29.07.2017 at 08.00 am onwards till 30.07.2017 10.00pm day and night matches to be held at Sports Ground neart at Athavathur Manickpauram, Sunnambukaranpatti, Srirengam Taluk, Trichy District based on the petitioner's representation to the respondent dated 20.07.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. 3.The learned counsel for the petitioner would submit that the villagers jointly decided to conduct Kabadi Tournament from 29.07.2017 at 08.00 am onwards till 30.07.2017 10.00 pm day and night matches, at Sports Ground at Athavathur Manickpauram, Sunnambukaranpatti, Srirengam Taluk, Trichy District. In this connection, a representation was given to the respondent police, with a request to grant permission to conduct the tournament on

the above said date, 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 the Kabadi 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 he has no serious objection for granting permission sought for by the petitioner, but however, objected the permission beyond 10.00pm and further submitted that permission 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:

The respondent/ The Inspector of Police, Somarasampettai Police Station, Trichy - 620 102, is directed to consider the representation of the petitioner, dated 20.07.2017 and to give permission and to provide police protection for conducting Kabadi tournament at Sports Ground near at Athavathur Manickpauram, Sunnambukaranpatti, Srirengam Taluk, Trichy District, scheduled to be conducted from 29.07.2017 at 08.00 am onwards till 30.07.2017 10.00 pm subject to the following conditions; (i)The Kabadi tournament at Sports Ground near at Athavathur Manickpauram, Sunnambukaranpatti, Srirengam Taluk, Trichy District, to be conducted from 29.07.2017 at 08.00 am onwards till 30.07.2017 10.00 pm. 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(CS-I) /True copy/ Sub Assistant Registrar To The Inspector of Police, Somarasampettai Police Station, Trichy - 620 102.

+1cc to Mr.C.Shanmugasundaram,Advocate,SR. 68042 +1cc to M/S.Special Government Pleader,SR. 68614 W.P.(MD) No. 13781 of 2017 26.07.2017 DSK/SSS KK/SKN RSK/SAR4 /28.07.2017/ 3P-4C/