Veeraselvan, S/O.Ponraj, v. State Rep. By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.15746 of 2017 Veeraselvan ... Petitioner Vs.
State Represented by its The Inspector of Police, Valliyur Police Station, Tirunelveli District.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to grant permission and accord protection for conducting Minnoli Kabadi Tournament going to scheduled on 25.08.2017 09.00 p.m., to 26.08.2017 09.00 a.m., held at, Thirumalai Hindu Middle School Ground, on the eve of "Sri Pathrakaliamman Temple Festival" at A.Thirumalapuram, Tirunelveli District.
For Petitioner : Mr.M.Subash Babu For Respondent : Mr.A.K.Baskara Pandian Special Government Pleader.
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondent to grant permission and accord protection for conducting Minnoli Kabadi Tournament scheduled to be held from 25.08.2017 09.00 p.m., to 26.08.2017 09.00 a.m., held at, Thirumalai Hindu Middle School Ground, on the eve of "Sri Pathrakaliamman Temple Festival" at A.Thirumalapuram, Tirunelveli District.
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 from 25.08.2017 09.00 p.m., to 26.08.2017 09.00 a.m., at Thirumalai Hindu Middle School Ground, on the eve of "Sri
Pathrakaliamman Temple Festival" at A.Thirumalapuram, Tirunelveli 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 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 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, referred to a first information report, connected to this temple registered during last year.
This Court has already considered the objection of the respondent police on the basis of the complaint that was registered last year. The complaint was given by an individual against another individual and it was a case of assault. Due to some objections raised by an individual, which is purely due to personal reasons, the respondent police cited the same, as one which may bring law and order issue. The same can be handled by the respondent police by regulating the conduct of the programme or Festival. 5.
The respondent/Inspector of Police, Valliyur Police Station, Tirunelveli District, is directed to consider the representation of the petitioner, dated 17.08.2017 and to give permission and to provide police protection for "Kabadi Tournament" from 25.08.2017 09.00 p.m., to 26.08.2017 09.00 a.m., held at, Thirumalai Hindu Middle School Ground, on the eve of "Sri Pathrakaliamman Temple Festival" at A.Thirumalapuram, Tirunelveli District, subject to the following conditions; (i)The Kabadi tournament at Thirumalai Hindu Middle School Ground, on the eve of "Sri Pathrakaliamman Temple Festival" at A.Thirumalapuram, Tirunelveli District, scheduled to be held from 25.08.2017 09.00 p.m., to 26.08.2017 09.00 a.m., should be conducted in a peaceful manner.
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.
The writ petition is disposed of. No costs.
Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To The Inspector of Police, Valliyur Police Station, Tirunelveli District.
+1cc to M/s.M.Subash Babu, Advocate, in SR No.74399 +1cc to Special Government Pleader in SR.No.74649 W.P.(MD)No.15746 of 2017 23.08.2017 mm/ls MKV-CM-MSA-SAR 1/24.8.2017/3P-4C