C.S.Sivachandran v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2016
CORAM:
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.15983 of 2016 C.S.Sivachandran ... Petitioner -vs1. The Commissioner of Police, Madurai City, Madurai.
2. The Inspector of Police, Avaniyapuram Police Station, Madurai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 07.08.2016 and to direct the respondents to permit the petitioner to conduct the Kabadi Match, which is scheduled to be held on 03.09.2016 and 04.09.2016 at Avaniyapuram Play Ground, Avaniyapuram, Madurai to provide adequate police protection.
For Petitioner :
Mr.V.Mayakannan 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 consider the representation of the petitioner dated 07.08.2016 and to direct the respondents to permit the petitioner to conduct the Kabadi Match, which is scheduled to be held on 03.09.2016 and 04.09.2016 at Avaniyapuram Play Ground, Avaniyapuram, Madurai to provide adequate police protection.
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 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 the petitioner and provide police protection to conduct the Kabadi Match from 03.09.2016 to 04.09.2016 at Avaniyapuram Play Ground, Avaniyapuram, Madurai, 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[Writs] /True copy/ Sub Assistant Registrar - CO ar To:
1. The Commissioner of Police, Madurai City, Madurai.
2. The Inspector of Police, Avaniyapuram Police Station, Madurai.
1CC TO MR. V. MAYAKANNAN, ADVOCATE SR: 47320 1CC TO THE SPL GOVT PLEADER SR: 47482 PA CK SAR CO 29 8 16 3P 5C W.P(MD)No.15983 of 2016