A.Muthupandi, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.16973 of 2017 A.Muthupandi ... Petitioner Vs.
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Oomatchikulam Police Station, Madurai District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India,to issue a Writ of Mandamus, directing the 2nd respondent to grant permission to conduct Cricket Tournament will be held on 16.09.2017 & 17.09.2017, at Village Kanmoi ground, nearby Karuthamalai Kovil, Usilampatti, Karuvanoor Post, Madurai District and to give necessary police protection to the said Cricket Tournament.
For Petitioner : Mr.S.Karthik For Respondents : Mr.S.Sadhish Kumar, Additional Government Pleader.
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O R D E R
This Writ Petition is filed for issuing a Writ of Mandamus, directing to the respondents herein to give permission for conducting Cricket Tournament, at Village Kanmoi ground, nearby Karuthamalai Kovil, Usilampatti, Karuvanoor Post, Madurai District, on 16.09.2017 and 17.09.2017 and to give necessary police protection to the said Cricket Tournament.
2. The learned counsel for the petitioner submitted that the petitioner and his team decided to conduct Cricket Tournament on 16.09.2017 and 17.09.2017, at Village Kanmoi ground nearby Karuthamalai Kovil, Usilampatti, Karuvanoor Post, Madurai District. He further submitted that the Cricket Tournament is at the village level and this is purely to promote sports. In this connection, a representation was given to the second respondent on
04.09.2017, with a request to grant permission for conducting the Cricket Tournament in the above said dates. However, the respondents have not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.
3. The learned Additional Government Pleader appearing for the respondents submitted that there is no objection for the petitioner to conduct 'Cricket Tournament' on 16.09.2017 and 17.09.2017.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
5. Taking into consideration the facts and circumstances of the case, the Writ Petition is disposed of with the following direction:
(i)The "Cricket" tournament, at Village Kanmoi ground nearby Karuthamalai Kovil, Usilampatti, Karuvanoor Post, Madurai District, scheduled to be held on 16.09.2017 and 17.09.2017 during day time from 10.00 a.m., to 6.00 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 Cricket 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 Cricket 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.
6. It is open to the second respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity so as to maintain law and order and communal harmony. There can be a total ban for putting up any Flex Boards representing any community. No costs.
Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.
To 1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Oomatchikulam Police Station, Madurai District. +1CC to Mr.S.Karthik, Advocate, SR.No.77539 +1CC to the Special Government Pleader SR.No. 78304 W.P.(MD)No.16973 of 2017 08.09.2017 psd/pmu AM/MR KKR/SAR 1/14.09.2017/3P/5C