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Madras High CourtWP(MD)/15355/2016disposed of

S.Michael Viyagappan v. State Rep. By The Inspector

2016-08-19Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.15355 of 2016 S.Michael Viyagappan

...Petitioner

-vsState rep.by The Inspector of Police, North Vijayanarayanam 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 permit the petitioner to conduct cricket Tournament from 16.09.2016 to 18.09.2016 from 7.00 P.M. onwards for 3 days on the eve of St.Saloth Annai Church festival at Thinaiyurani village, Nanguneri Taluk, Tirunelveli District.

For Petitioner : Mr.D.Venkatesh For Respondent : 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 respondent to permit the petitioner to conduct cricket Tournament from 16.09.2016 to 18.09.2016 from 7.00 P.M. onwards for 3 days on the eve of St.Saloth Annai Church festival at Thinaiyurani village, Nanguneri Taluk, Tirunelveli District.

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 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 Additional Government Pleader, the Writ Petition is disposed of with a direction to the respondent police to accord permission to conduct cricket Tournament from 16.09.2016 to 18.09.2016 from 7.00 P.M. onwards for 3 days on the eve of St.Saloth Annai Church festival at Thinaiyurani https://hcservices.ecourts.gov.in/hcservices/

village, Nanguneri Taluk, Tirunelveli District, 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; (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(AS) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To The Inspector of Police, North Vijayanarayanam Police Station, Tirunelveli District.

+1cc to M/s.D.Venkatesh, Advocate in SR.45773 W.P(MD)No.15355 of 2016 19.08.2016 mj PBK/GSV-PM/SAR LIB. 22/08/2016 ::2P-3C:: (IT) https://hcservices.ecourts.gov.in/hcservices/