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Madras High CourtWP(MD)/15498/2017disposed of

R.Joel v. The Inspector Of Police

2017-08-18Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 15498 of 2017 R.Joel ... Petitioner -VsThe Inspector of Police, Moonradaippu Police Station, Tirunelveli District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant permission to conduct the Kabadi competition in District Level scheduled on 03.09.2017 at about 6 p.m. to 04.09.2017 at about 10 a.m. at Kamarajar Thidal, Packiyanathapuram Village, Nanguneri Taluk, Tirunelveli District.

For Petitioner : Mr.C.K.M.Appaji For Respondent : Mr.S.Sadhishkumar, Additional Government Pleader.

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O R D E R

The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus seeking a direction to the respondent to grant permission to conduct the Kabadi competition in District Level scheduled on 03.09.2017 at about 6 p.m. to 04.09.2017 at about 10 a.m. at Kamarajar Thidal, Packiyanathapuram Village, Nanguneri Taluk, Tirunelveli District.

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

3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Kabadi Competition" on 03.09.2017 at about 6 p.m. to 04.09.2017 at about 10 a.m. at Kamarajar Thidal, Packiyanathapuram Village, Nanguneri Taluk, Tirunelveli District.

He further submitted that in this connection, a representation was given to the respondent on 10.08.2017, with a request to grant permission and protection to

conduct the programmes on the above said date. However, the respondent has not taken any action in this regard. Hence, the petitioner is before this Court with this Writ Petition.

4. The learned Additional Government Pleader appearing for the respondent on instructions submitted that this Court may grant permission for "Kabadi Competition"

subject to stringent conditions.

5. Considering the facts and circumstances of the case, Writ petition is allowed with the following direction:- (I) The respondent/The Inspector of Police, Moonradaippu Police Station, Tirunelveli District, is directed to consider the representation of the petitioner, dated 10.08.2017 and to give permission and to provide police protection for Kabadi tournament at Kamarajar Thidal, Packiyanathapuram Village, Nanguneri Taluk, Tirunelveli District, scheduled to be held from 03.09.2017 at about 6 p.m. to 04.09.2017 at about 10 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, Moonradaippu Police Station, Tirunelveli District.

+1cc to Mr.C.K.M.Appaji, Advocate Sr.No.73064 +1cc to Spl.Government Pleader Sr.No.73477 RMK/CMR VB/SKN/RSK/SAR2/31.08.2017/3P/4C W.P.(MD) No. 15498 of 2017 18.08.2017