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Madras High CourtWP(MD)/14935/2016disposed of

K.Santhiboosan, v. The Superintendent Of Police

2016-08-12Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.14935 of 2016 K.Santhiboosan ... Petitioner -vs1.The Superintendent of Police Madurai District, Madurai.

2.The Inspector of Police Nagamalai Pudukottai Police Station 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 necessary protection to conduct the Kabadi Tournament on 26.08.2016 and 27.08.2016 at under flood light.

For Petitioner : Mr.C.Manivannan 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 necessary protection to conduct the Kabadi Tournament on 26.08.2016 and 27.08.2016 at under flood light.

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 2nd respondent, but, however, the

same was not considered by the 2nd 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 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 2nd respondent police to accord permission to the petitioner to conduct the Kabadi Tournament under flood light, from 26.08.2016 to 27.08.2016, 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(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police Madurai District, Madurai.

2.The Inspector of Police Nagamalai Pudukottai Police Station Madurai District +1CC to M/S. C.Manivannan,Advocate, SR.No. 44606 +1CC to the Special Government Pleader, SR.No. 44451 ORDER MADE IN W.P(MD)No.14935 of 2016 RR AM/DB/SAR-W/19.08.2016/3P/5C (IT)