S.Jamesraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.22682 of 2017 S.Jamesraja ... Petitioner Vs.

The Inspector of Police, Thuvakudi Police Station, Trichy District.

... Respondents 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 to conduct the Kabadi competition conducted by "Friends Kabadi Kuzhu" scheduled on 30.12.2017 at about 10.00 pm to 31.12.2017 at about 10.00 p.m. in the play ground which is situated near Asur Bus Stop, Thuvakudi, Trichy - 15 by considering my representation dated 05.12.2017. For Petitioner : Mr.R.Satish For Respondents : Mr.R.Karthikeyan Additional Government Pleader.

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus, directing the respondent to grant permission to conduct the Kabadi competition by "Friends Kabadi Kuzhu" scheduled from 10.00 p.m. on 30.12.2017 to 10.00 p.m. on 31.12.2017 in the play ground which is situated near Asur Bus Stop, Thuvakudi, Trichy - 15 by considering the petitioner's representation dated 05.12.2017.

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 submitted that the villagers jointly decided to conduct "Kabadi" tournament on 30.12.2017 and 31.12.2017 in the play ground which is situated near Asur Bus Stop, Thuvakudi, Trichy - 15. In this connection, a representation was given to the respondent on 05.12.2017, with a request to grant permission to conduct the tournament on the above said dates, however, the respondent 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 this Court may grant permission for conducting "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: The respondent/Inspector of Police, Thuvakudi Police Station, Trichy District, is directed to consider the representation of the petitioner, dated 05.12.2017 and to give permission and to provide police protection for conducting "Kabadi" tournament scheduled to be held from 10.00 p.m. on 30.12.2017 to 10.00 p.m., on 31.12.2017 in the play ground which is situated near Asur Bus Stop, Thuvakudi, Trichy - 15, 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 Refree 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. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Thuvakudi Police Station, Trichy District.

+1cc to M/S.R.Satish, Advocate SR.No. 92704 +1cc to Special Government Pleader, SR.No. 92466 W.P.(MD)No.22682 of 2017 12.12.2017 SRM JM/SV MMS/SAR 1/19.12.2017/3P/4C