R.Anbarasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.20254 of 2017 R.Anbarasan ... Petitioner -VsThe Inspector of Police, Somarasampettai Police Station, Trichy District.

... Respondent Prayer:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to grant permission to the petitioner to conduct the Kabadi event on 04.11.2017 night 07.00 pm at Annavi Nagar, Trichy District as per the petitioner's representation dated 27.10.2017 and the petitioner sent a representation through registered post on 30.10.2017.

For Petitioner : Mr.K.Praveenkumar For Respondent : Mr.D.Muruganantham Additional Government Pleader.

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O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondent to grant permission to the petitioner to conduct the Kabadi event on 04.11.2017 night 07.00 pm at Annavi Nagar, Trichy District as per the petitioner's representations dated 27.10.2017 and 30.10.2017. 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 "Kabadi" Tournament on 04.11.2017 at night 07.00 pm at Annavi Nagar, Trichy District. In this connection, a representation was given to the respondent police on 27.10.2017 and another representation was also sent through registered post on 30.10.2017 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 submitted that this Court may grant permission for "Kabadi Tournament" subject to stringent conditions.

5. Considering the facts and circumstances of the case, the Writ Petition is disposed of with the following directions: (i)The respondent/Inspector of Police, Somarasampettai Police Station, Trichy District, is directed to consider the representations of the petitioner, dated 27.10.2017 and 30.10.2017 and to give permission and to provide police protection for conducting "Kabadi" Tournament, scheduled to be held on 04.11.2017 at 07.00 pm at Annavi Nagar, Trichy District. 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)There should not be any flex boards representing any community or political leaders;

(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 Referee for the tournament must be authorized person from the District Kabadi Association or a person qualified to be a Referee at State level.

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. No costs. Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To The Inspector of Police, Somarasampettai Police Station, Trichy District.

+One cc to Mr.K.Praveen Kumar, Advocate, SR.No.85156 +One cc to The Special Government Pleader, SR.No.85038 cmr RL/4C/3P/SKN/RSK/SAR1/3/11/2017 W.P.(MD) No.20254 of 2017 02.11.2017