Vetrivelan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.18897 of 2017 Vetrivelan ... Petitioner -VsThe Inspector of Police, Thiruvarumpur Police Station, Trichy District.

... Respondent Prayer:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in pertaining to the impugned order of the respondent vide his proceedings in Na.Ka.No./B1PS/2017 dated nil, quash the same as illegal and consequently to direct the respondent to grant permission to conduct Kabadi Tournament scheduled to be held on 14.10.2017 from 10 PM to 15.10.2017 8.00 AM in the name of the Anbalagan and Cheran Boys Kabadi Kulu at Notchivayal Pudur, Thiruvarumpur, Trichy District.

For Petitioner : Mr.T.Vadivelan For Respondent : Mr.D.Muruganantham Additional Government Pleader.

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O R D E R

This Writ Petition is filed for issuing a Writ of Certiorarified Mandamus, to call for the records in pertaining to the impugned order of the respondent vide his proceedings in Na.Ka.No./B1PS/2017 dated nil, quash the same as illegal and consequently to direct the respondent to grant permission to conduct Kabadi Tournament scheduled to be held on 14.10.2017 from 10 PM to 15.10.2017 8.00 AM in the name of the Anbalagan and Cheran Boys Kabadi Kulu at Notchivayal Pudur, Thiruvarumpur, 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 submitted that the villagers jointly decided to conduct "Kabadi" tournament on 14.10.2017 from 10 PM to 15.10.2017 8.00 AM in the name of the

Anbalagan and Cheran Boys Kabadi Kulu at Notchivayal Pudur, Thiruvarumpur, Trichy District. He further submitted that in this connection, a representation was given to the respondent on 03.10.2017, with a request to grant permission and protection to conduct the Kabadi tournament on the above said dates. However, the respondent rejected the claim of the petitioner and passed the impugned order. Hence the petitioner has filed this writ petition. 4.Kabadi tournament is a sports event, when the same is conducted at village level, it should be encouraged by the respondent. The same can be rejected only if there was any untoward incident in the past or based on the conduct of the organizers. Merely because there is a likelihood of law and order problem, the same cannot be refused, which is likely to disturb public peace or cause inconvenience to the public. Moreover, there no untoward incident was reported, when it was conducted during the past.

5.In such circumstances, the impugned order passed by the respondent is quashed. The respondent is directed to consider the representation of the petitioner dated 03.10.2017 and grant permission and adequate police protection to conduct "Kabadi" tournament on 14.10.2017 from 10 PM to 15.10.2017 8.00 AM in the name of the Anbalagan and Cheran Boys Kabadi Kulu at Notchivayal Pudur, Thiruvarumpur, Trichy District, subject to the following conditions:

i)The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed.

ii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity.

iii) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue. iv)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.

v)Songs praising communal leader or having communal overtones should not be played.

vi)The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed.

(vii)There should not be any flex boards representing any community or political leaders; (viii)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;

(ix)Similarly, the Police is empowered to stop the Kabadi tournament, if it exceeds beyond the permitted time.

(x)the participants of the tournament shall not intake any kind of toxic substance or liquor during the tournament;

(xi)If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same;

(xii)The respondent concerned is directed to issue necessary permission, incorporating the above conditions. (xiii) The Referee must be authorized person from the District Association.

6.The respondent is at liberty 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.

7.In view of the above, the Writ Petition is allowed. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Thiruvarumpur Police Station, Trichy District.

+1CC to Mr.T.Vadivelan, Advocate, SR.No. 82415 +1CC to the Special Government Pleader SR.No. 82555 W.P.(MD) No.18897 of 2017 11.10.2017 gsp/cmr AM/SV MMS/SAR 4/12.10.2017/3P/4C