Prince Sports Club v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.15407 of 2017 Prince Sports Club, Rep. by its President P.Dharmaraj, 2/127, South Street, Marudakulam, Tirunelveli District.
... Petitioner Vs.
1. The Superintendent of Police, Tirunelveli, Tirunelveli District.
2. The Deputy Superintendent of Police, Nanguneri, Tirunelveli, Tirunelveli District.
3. The Inspector of Police, Nanguneri Police Station, Nanguneri, Tirunelveli District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to give permission and police protection to conduct the State Level Kabadi Tournament by the petitioner club on 18th and 19th of August, 2017 (Light Match) at Kamarajar Thidal, Maruthakulam, by considering the representation dated 25.07.2017 and the proceedings of the District Sports Officers dated 19.07.2017.
For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.S.Sadhish Kumar Additional Government Pleader ***
O R D E R
This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, directing the respondents to give
permission and police protection to conduct the State Level Kabadi Tournament by the petitioner club on 18th and 19th of August, 2017 (Flood-light Match) at Kamarajar Thidal, Maruthakulam, by considering the representation dated 25.07.2017 and the proceedings of the District Sports Officers dated 19.07.2017.
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 in this case is a Sports Club registered under the Societies Registration Act and conducting tournaments for several decades. It is further submitted that the District Sports Officer himself has given a representation to the Superintendent of Police to give permission to the petitioner to conduct the State Level Kabadi Tournament for two days on 18th and 19th of August, 2017. It is further represented that the umpires of the tournament are approved by the Amateur Kabadi Association and that the tournament is conducted by the petitioner every year with police protection. One of the points that was actually raised by the learned counsel for the petitioner is regarding the timing of the tournament.
The contention of the learned counsel for the petitioner is that the Kabadi tournament is conducted in a grant manner and that this year, the petitioner proposed to conduct 49th State Level Kabadi Tournament. Having regard to the number of participants, who have afforded to participate in the tournament, the petitioner which is responsible Sports Club is not in a position to draw pictures by completing the tournament every day before 05.00 a.m. on the next day.
4.The learned Additional Government Pleader appearing for the respondents, 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 special request made by the learned counsel for the petitioner and the submissions of the learned Additional Government Pleader appearing for the respondents, this Court is of the view that necessary permission shall be granted to the petitioner to conduct State Level Kabadi tournament (Flood-light) on 18.08.2017 and 19.08.2017.
6. Accordingly, the Writ Petition is disposed of with the following directions:
(i)The State Level Kabadi tournament at Kamarajar Thidal, Maruthakulam, Tirunelveli District, scheduled to be held on 18.08.2017 and 19.08.2017, should be conducted from 06.00 p.m. to 06.00 a.m. on the next day.
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
1. The Superintendent of Police, Tirunelveli, Tirunelveli District.
2. The Deputy Superintendent of Police, Nanguneri, Tirunelveli, Tirunelveli District.
3. The Inspector of Police, Nanguneri Police Station, Nanguneri, Tirunelveli District.
+1cc to Mr.V.Panneer Selvam, Advocate Sr.No.72866 +1cc to The Spl.Government Pleader SR.No.73183 SRM VB/SV/MMS/SAR4/18/08/2017/4P/6C W.P.(MD)No.15407 of 2017 17.08.2017