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Madras High CourtWP(MD)/13108/2016disposed of

R.Chellapandi v. The Superintendent Of Police,

2016-07-26Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.13108 of 2016 R.Chellapandi ... Petitioner -vs1.The Superintendent of Police Madurai District, Madurai.

2.The Sub Inspector of Police, Vikiramangalam Police Station, Vikiramangalam, Madurai District. ... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to grant permission and adequate police protection for conducting Kabadi Competition Tournament conducted by Suresh Kabadi Club at Nadumuthalaikulam, Usilampatti Taluk, Madurai District, which is scheduled to be held on 05.08.2016 and 06.08.2016 by considering the petitioner's representation dated 18.07.2016.

For Petitioner : Mr.C.Bethanasamy For Respondents : Mr.D.Muruganandham 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 Suresh Kabadi Club at Nadumuthalaikulam, Usilampatti Taluk, Madurai District, which is scheduled to be held on 05.08.2016 and 06.08.2016 by considering the petitioner's representation dated 18.07.2016.

2. Mr.D.Muruganandham, learned Additional Government Pleader, takes notice for the respondents. By consent of both sides, the writ petition itself is taken up for disposal.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader 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 respondent, 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 Government Advocate appearing for the respondents, 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.

6. Accordingly, in view of the submission made by the learned Government Advocate, the Writ Petition is disposed of with a direction to the respondent police to accord permission to the petitioner to conduct the Kabadi Competition Tournament conducted by Suresh Kabadi Club at Nadumuthalaikulam, Usilampatti Taluk, Madurai District, on 05.08.2016 and 06.08.2016, 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(W) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police Madurai District, Madurai.

2.The Sub Inspector of Police, Vikiramangalam Police Station, Vikiramangalam,Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to C.Bethanasamy, Advocate in SR.No.39547 +1cc to Special Government Pleader in SR.No.39428 SDR/NGM-MP/SAR I/27.07.2016/3P/6C ORDER MADE IN W.P(MD)No.13108 of 2016 26.07.2016