M.Palaniyandi, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2016
CORAM:
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.13094 of 2016 M.Palaniyandi ... Petitioner -vs1.The Superintendent of Police, Madurai District, Madurai.
2.The Deputy Superintendent of Police, Samayanallur, Madurai District.
3.The Inspector of Police, Alanganallur Police Station, Alanganallur, Madurai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to grant permission and adequate police protection for conducting Kabadi competition tournament conducted by Elamaruthu Kabadi Club at A-Pudupatti Village, Alanganallur Via Vadipatti Taluk, Madurai District which is scheduled to be held on 30.07.2016 and 31.07.2016 by considering the petitioners representation dated 22.07.2016.
For Petitioner :
Mr.K.Appadurai For Respondents :
Mr.D.Muruganandam, Addl. Govt. Pleader
O R D E R
The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to grant permission and adequate police protection for conducting Kabadi competition tournament conducted by Elamaruthu Kabadi Club at A-Pudupatti Village, Alanganallur Via, Vadipatti Taluk, Madurai District which is scheduled to be held on 30.07.2016 and 31.07.2016 by considering the petitioner's representation dated 22.07.2016.
2. Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
4. The learned counsel appearing for the petitioner would submit that the Kabadi Tournament is being conducted by the villagers regularly in order to promote harmony among public; that a representation was given to the respondents, but, however, the same was not considered by the respondents so far and hence, the petitioner is before this Court with this writ petition. The learned counsel appearing for the petitioner would further submit that as the aforesaid tournament is conducted in a peaceful manner by the villagers, there will be no untoward incident on account of this tournament.
5. The learned Additional Government Pleader appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with appropriate and stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such tournament. It is also submitted by the learned Additional Government Pleader that as the area is considered to be a sensitive zone, the petitioner is expected to extend full cooperation in maintaining the law and order problem. 6.There is an undertaking on the side of the petitioner to extend full cooperation, while conducting the tournament.
7. Accordingly, in view of the submission made by the learned Additional Government Pleader and also in view of the undertaking given by the petitioner, the Writ Petition is disposed of with a direction to the respondent police to accord permission to the petitioner to conduct Kabadi competition tournament conducted by Elamaruthu Kabadi Club at A-Pudupatti Village, Alanganallur Via Vadipatti Taluk, Madurai District, scheduled to be held on 30.07.2016 and 31.07.2016, between 06.00 am., to 10.00 am., and 03.00 pm., to 07.00 pm., by duly incorporating the following conditions:
i) The petitioner and other participants shall not shout / raise any slogan implicating / demoralizing any party or party leader, any caste, community or creed;
ii) The Referee must be a professionally competent person to be nominated / appointed from the District Kabadi Association; iii) The petitioner shall ensure that no untoward incident is caused thereby disturbing the public peace and tranquility. iv) The petitioner shall ensure keeping of proper first aid arrangements, preferably keeping one or two doctors in the venue.
v)The participants of Kabadi tournament shall not wear any form of dress displaying offending slogans or picture of any communal/political leader which may cause disturbance. vi) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed.
(vii) No flex boards in support of any political party or religious leader be erected.
(viii) The participants of the tournament shall not intake any kind of intoxicating substance or liquor during the tournament;
(ix) In the event of any untoward incident, the organizers of the tournament will be made responsible for the same; (x) 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. No costs. Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.
To:
1.The Superintendent of Police, Madurai District, Madurai.
2.The Deputy Superintendent of Police, Samayanallur, Madurai District.
3.The Inspector of Police, Alanganallur Police Station, Alanganallur, Madurai District.
+1CC to M/S.K.Appadurai, Advocate, SR.No. 39631 +1CC to the Special Government Pleader, SR.No. 40052 W.P(MD)No.13094 of 2016 27.07.2016 mj AM/SK.SKN/SAR-I/28.07.2016/3P/6C