Johnson v. State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.23735 of 2017 Johnson ... Petitioner Vs.

State represented by, The Inspector of Police, Panankudi Police Station, Tirunelveli District.

... Respondent 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 and police protection to conduct "Kabadi" Tournament from 30.12.2017(Saturday) at 08.00 p.m., to 31.12.2017(Sunday) at 08.00 a.m., at Panankudi Devasahayam Pillai Kebi, Panankudi Village, Tirunelveli District, by considering the petitioner's representation, dated 16.12.2017. For Petitioner : Mr.M.Subash Babu 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 Mandamus, directing the respondent to grant permission and police protection to conduct "Kabadi" Tournament from 30.12.2017(Saturday) at 08.00 p.m., to 31.12.2017(Sunday) at 08.00 a.m., at Panankudi Devasahayam Pillai Kebi, Panankudi Village, Tirunelveli District, by considering the petitioner's representation, dated 16.12.2017.

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 submitted that the villagers jointly decided to conduct "Kabadi" tournament from 30.12.2017(Saturday) at 08.00 p.m., to 31.12.2017(Sunday) at 08.00 a.m., at Panankudi Devasahayam Pillai Kebi, Panankudi Village, Tirunelveli District. In this connection, a representation was given to the respondent on 16.12.2017, 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/The Inspector of Police, Panankudi Police Station, Tirunelveli District, is directed to consider the representation of the petitioner, dated 16.12.2017 and to give permission and to provide police protection for conducting "Kabadi" tournament scheduled to be held from 30.12.2017(Saturday) at 08.00 p.m., to 31.12.2017(Sunday) at 08.00 a.m., at Panankudi Devasahayam Pillai Kebi, Panankudi Village, Tirunelveli 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 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(CS-I) /True copy/ Sub Assistant Registrar To The Inspector of Police, Panankudi Police Station, Tirunelveli District.

+1cc to Mr.M.SUBASH BABU,Advocate,SR. 94249 +1cc to M/S.Special Government Pleader,SR.94816 W.P.(MD)No.23735 of 2017 21.12.2017 PMU KK/SV MMS/SAR 3/27.12.2017/ 3P- 4C/