Madras High CourtWP(MD)/14580/2016disposed of

U.Sheick Mohammed v. The Inspector Of Police

2016-08-11Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.14580 of 2016 U.Sheick Mohammed ... Petitioner -vsThe Inspector of Police, Ervadi Police Station, Tirunelveli District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to grant permission and accord protection for conducting the Cricket Tournament scheduled for 4 days that is from 13.08.2016to 16.08.2016 held at Government Boys Higher Secondary School Ground, Ervadi, Tirunelveli. For Petitioner : Mr.M.Subash Babu For Respondent : Mr.D.Muruganandham Addl. Govt. Pleader

ORDER

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to grant permission and adequate police protection for conducting Cricket Tournament scheduled for 4 days, that is from 13.08.2016 to 16.08.2016 held at Government Boys Higher Secondary School Ground, Ervadi, Tirunelveli.

2. Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondent. 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 respondent.

4.The learned counsel appearing for the petitioner would submit that the Cricket 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 respondent 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 area is religiously sensitive and in case permission is granted, there is likelihood of law and order problem, while conducting tournament.

6. The learned counsel appearing for the petitioner would submit that for the past ten years the programme is being conducted without any disturbance. The learned counsel also undertakes to extend full cooperation to the respondent, while conducting programme.

7.In view of the undertaking given on the side of the petitioner, the Writ Petition is disposed of with a direction to the respondent to grant permission for conducting Cricket Tournament, at Government Boys Higher Secondary School Ground, Ervadi, Tirunelveli., scheduled to be held on 13.08.2016 to 16.08.2016 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 Umpire must be a professionally competent person to be nominated / appointed from the District Cricket 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 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; Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Ervadi Police Station, Tirunelveli District.

+1cc to Spl.Government Pleader Sr.No.43674 +One cc to M/S.M.SUBASH BABU, Advocate, SR.No.44022 mj AA/DB/SAR-I/11.08.2016/3p-4c W.P(MD)No.14580 of 2016 11.08.2016