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Madras High CourtWP(MD)/15853/2016disposed of

K.Jenistan S/O Kanagaraj v. The Superintendent Of Police

2016-08-24Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.15853 of 2016 K.Jenistan ... Petitioner -vs1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Vijayanarayanam Police Station, Vijayanarayanam,Nanguneri Taluk, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the respondents herein forthwith to grant permission and police protection to conduct kabadi tournament on 27.08.2016 at about 7.00pm to 28.08.2016 at about 7.00am in the ground of St. Johns Middle School, Parappadi on account of the Holy Trinity Church festival and pass such further or other suitable order as this Court.

For Petitioner :

Mr.A.Ajith Geethan 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 for conducting kabadi tournament on 27.08.2016 at about 7.00 pm to 28.08.2016 7.00am in the ground of St. Johns Middle School, Parappadi on account of the Holy Trinity Church festival.

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 representations were given to the respondents, but, however, the same were not considered 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 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. https://hcservices.ecourts.gov.in/hcservices/

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 second respondent to accord permission to the petitioner to conduct Kabaddi tournament on 27.08.2016 at about 7.00 pm to 28.08.2016 7.00 am in the ground of St. Johns Middle School, Parappadi on account of the Holy Trinity Church festival, 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(AE) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To:

1.The Superintendent of Police, Tirunelveli, Tirunelveli District. 2.The Inspector of Police, Vijayanarayanam Police Station, Vijayanarayanam,Nanguneri Taluk, Tirunelveli District. +1cc to M/s.A.Ajit Geethan, Advocate in SR.46821 +1cc to the Special Government Pleader, in SR.47253 W.P(MD)No.15853 of 2016 24.08.2016 mj PBK/KP/SAR-I 24/08/2016 ::2P-5C::(IT) https://hcservices.ecourts.gov.in/hcservices/