T.Chinnadurai v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.21820 of 2017 T.Chinnadurai ... Petitioner Vs.
1.The Superintendent of Police, Thoothukudi District.
2.The Inspector of Police, Murappandadu Police Station, Thoothukudi District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to grant permission to conduct the Kapadi Competition (fgho nghl;o) from 01.12.2017 to 03.12.2017 in the Amman Kovil Thidal on the basis of Petitioner's representation dated 21.11.2017 connection with the Kapadi Sports Club, Etchanth Oodai Village, North Vallanadu Post, Srivaikundam Taluk, Thoothukudi District.
For Petitioner : Mr.M.Laxmi Mahendraa For Respondents : Mr.D.Muruganantham Additional Government Pleader
O R D E R
This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, directing the second respondent to grant permission to conduct the Kapadi Competition (fgho nghl;o) from 01.12.2017 to 03.12.2017 in the Amman Kovil Thidal on the basis of Petitioner's representation dated 21.11.2017 connection with the Kapadi Sports Club, Etchanth Oodai Village, North Vallanadu Post, Srivaikundam Taluk, Thoothukudi District.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3.The learned counsel for the petitioner would submit that the villagers jointly decided to conduct the Kabadi tournament from
01.12.2017 to 03.12.2017 at Amman Kovil Thidal, Etchanth Oodai Village, North Vallanadu Post, Srivaikundam Taluk, Thoothukudi District. In this connection, a representation was given to the second respondent police, with a request to grant permission to conduct the tournament on the above said date, however, the second 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 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 respondents, on instructions, would submit 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 respondents, 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 dates.
6. Accordingly, the Writ Petition is disposed of with the following directions:
The respondent/Inspector of Police, Murappanadu Police Station, Thoothukudi District, is directed to consider the representation of the petitioner, dated 21.11.2017 and to give permission and to provide police protection for conducting "Kabbadi Tournament" at Amman Kovil Thidal, Etchanth Oodai Village, North Vallanadu Post, Srivaikundam Taluk, Thoothukudi District, scheduled to be held from 01.12.2017 (Friday) to 03.12.2017 (Sunday) subject to the following conditions;
(i)The Kabadi tournament at Amman Kovil Thidal, Etchanth Oodai Village, North Vallanadu Post, Srivaikundam Taluk, Thoothukudi District, scheduled to be held from 01.12.2017 (Friday) to 03.12.2017 (Sunday) shall be conducted peacefully. 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 also open to the second respondent to impose any other reasonable restrictions / conditions in the interest of public and to preserve the law and order. There can be a total ban for putting of any Flex Boards representing any community. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Thoothukudi District. 2.The Inspector of Police, Murappandadu Police Station, Thoothukudi District. +One cc to Mr.M.Lakshmi Mahendran, Advocate, SR.No.89576 +One cc to The Special Government Pleader, SR.No.89892 vsg/pnn RL/5C/3P/SKN/RSK/SAR4/29/11/2017 W.P.(MD)No.21820 of 2017 27.11.2017