Aravind, S/O.Kumar, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.15748 of 2017 Aravind ... Petitioner Vs.
1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Manachanallur Police Station, Trichy 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 herein to grant the permission for conducting the Aadi Thallubadi Kabadi Tournament programme on 26.08.2017 at 07.00 p.m situated at No.43,, Melaseedevi Mangalam, Manachanallur Taluk, Trichy District.
For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.S.Sadhishkumar 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 herein to grant the permission for conducting the Aadi Thallubadi Kabadi Tournament programme on 26.08.2017 at 07.00 p.m situated at No.43, Melaseedevi Mangalam, Manachanallur Taluk, Trichy 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 would submit that the villagers jointly decided to conduct the "Aadi Thallubadi Kabadi" tournament from on 26.08.2017 at 07.00 p.m situated at No.43, Melaseedevi Mangalam, Manachanallur 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 Additional 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 fact that the Kabadi is a sport event and the respondent has not pointed out any particular reason to doubt the genuineness of the petitioner's representation regarding the conduct of Tournament this Court is inclined to pass the following order:
Accordingly, the Writ Petition is disposed of with the following directions:
(i)the second respondent shall grant permission to conduct the "Aadi Thallubadi Kabadi" tournament situated at No.43, Melaseedevi Mangalam, Manachanallur Taluk, Trichy District from on 26.08.2017 at 07.00 p.m., subject to the following conditions;
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 /True copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Trichy District, Trichy.
2. The Inspector of Police, Manachanallur Police Station, Trichy District.
+1 CC to M/s.K.M.KARUNAKARAN, Advocate, SR No. 73761 TA PSM/MR-KKR/SAR1/24.08.2017/3P/4C W.P.(MD)No.15748 of 2017 22.08.2017