A.Ramanathan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.15792 of 2017 A.Ramanathan ... Petitioner Vs.
1.The Superintendent of Police, Ramanathapuram District.
2.The Inspector of Police, R.S.Mangalam Police Station, R.S.Mangalam, Ramanathapuram 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 grant police permission and protection to KABADI tournament conduct at light match (Minnozhi) Kabadi Tournament_ starting from at about 10.00p.m on 26.08.2017 to 12.a.m on 27.08.2017 in the event of Sri Vinayagar Temple festival at Panikottai Village, R.S.Mangalam Via, Thiruvadanai Taluk, Ramanathapuram District.
For Petitioner : Mr.V.K.Saravanan For Respondents : Mr.A.K.Baskara Pandian 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 respondents to grant police permission and protection to KABADI tournament conduct at light match (Minnozhi) Kabadi Tournament starting from at about 10.00p.m on 26.08.2017 to 12.a.m on 27.08.2017 in the event of Sri Vinayagar Temple festival at Panikottai Village, R.S.Mangalam Via, Thiruvadanai Taluk, Ramanathapuram District.
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 the Kabadi tournament from 10.00p.m on 26.08.2017 to 12.a.m on 27.08.2017, at Panikottai Village, R.S.Mangalam Via, Thiruvadanai Taluk, Ramanathapuram 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.
4.The learned Special Government Pleader on instructions submitted that granting permission during Vinayagar Chathurthi festival will cause serious inconvenience to the police, having regard to the engagement by giving police protection to the installation of idols on celebration of Vinayagar Chathurthi festival.
5.The learned counsel for the petitioner submitted that he is willing to post the KABADI tournament to 28.08.2017. 6.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 respondents, this Court is inclined to pass the following order.
7. Accordingly, the Writ Petition is disposed of with the following directions:
(i)The Kabadi tournament at Panikottai Village, R.S.Mangalam Via, Thiruvadanai Taluk, Ramanathapuram District, scheduled to be held from 10.00p.m on 26.08.2017 to 12.a.m on 27.08.2017 with 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(AD-II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Ramanathapuram District.
2.The Inspector of Police, R.S.Mangalam Police Station, R.S.Mangalam, Ramanathapuram District.
+1CC TO M/S.Mr.V.K.SARAVANAN, ADVOCATE, SR NO.74515 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.74678 W.P.(MD)No.15792 of 2017 23.08.2017 MS/CM-MSA/SAR.1/24.08.2017/3P.5C