D.Vijayakumar, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.16365 of 2017 D.Vijayakumar ... Petitioner Vs.
The Inspector of Police, Gandarvakottai Police Station, Pudukkottai District.
... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant permission and adequate police protection for conducting Kabbadi Tournament, at Sri Pidariamman Thidal Indoor Stadium, at Kulathoornadu Kovilpatti, Aathankarai Post, Gandarvakottai Taluk, Pudukottai District, on 01.09.2017, by considering the petitioner's representation, dated 26.08.2017. For Petitioner : Mr.G.Thalaimutharasu For Respondent : Mr.S.Sadhish Kumar Additional Government Advocate.
O R D E R
This Writ Petition is filed for issuing a Writ of Mandamus, directing the respondent to grant permission and adequate police protection for conducting Kabbadi Tournament at Sri Pidariamman Thidal Indoor Stadium, at Kulathoornadu Kovilpatti, Aathankarai Post, Gandarvakottai Taluk, Pudukottai District, on 01.09.2017, by considering the petitioner's representation, dated 26.08.2017.
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 submitted that the villagers jointly decided to conduct the Kabadi tournament on 01.09.2017, at Kulathoornadu Kovilpatti, Aathankarai Post, Gandarvakottai Taluk, Pudukottai 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 tournament 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, submitted 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 the submissions made by the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent, this Court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct Kabadi tournament on the above said date.
6. Accordingly, the Writ Petition is disposed of with the following directions:
(i)The Kabadi tournament at Sri Pidariamman Thidal Indoor Stadium, at Kulathoornadu Kovilpatti, Aathankarai Post, Gandarvakottai Taluk, Pudukottai District, scheduled to be held from 01.09.2017 at 10.00 p.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.
7. It is open to the respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity. There can be a total ban for putting up any Flex Boards representing any community. No costs.
Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Gandarvakottai Police Station, Pudukkottai District.
+1CC TO Mr.G.THALAIMUTHARASU, ADVOCATE, SR NO.75494 W.P.(MD)No.16365 of 2017 30.08.2017 MS/CM-MSA/SAR.3/30.08.2017/3P.3C