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Madras High CourtWP(MD)/16489/2016disposed of

Murugan, S/O.Thangaraj v. The Inspector Of Police

2016-09-01Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.16489 of 2016 Murugan ... Petitioner -vsThe Inspector of Police, Bharath Migumin Police Station, (BHEL),Trichy 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 herein to look into the grievance of the petitioner expressed in the representation dated 22.08.2016 and thereby grant permission and protection for the "Friends S.C.C. & Friends Kabadi Guru Cricket Tournament" to be conducted on 04.09.2016 at the public playground at Asoor Kulam, Asoor Village, Trichy - 15 Trichy District.

For Petitioner : Mr.M.S.Jeya Karthick For Respondents : Mr.R.Karthikeyan Addl. Govt. Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent herein to look into the grievance of the petitioner expressed in the representation dated 22.08.2016 and thereby grant permission and protection for the "Friends S.C.C. & Friends Kabadi Guru Cricket Tournament" to be conducted on 04.09.2016 at the public playground at Asoor Kulam, Asoor Village, Trichy - 15 Trichy District.

2. Mr.R.Karthikeyan, 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 the petitioner to conduct the Cricket tournament at the public playground at Asoor Kulam, Asoor Village, Trichy - 15, Trichy District on 04.09.2016 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; (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(P&A) /TRUE COPY/ Sub Assistant Registrar(AE)

To The Inspector of Police, Bharath Migumin Police Station, (BHEL),Trichy District.

+1cc to M/S.M.S.Jeyakarthick, Advocate in SR.No.48981 +1cc to Special Government Pleader in SR.No.49400 W.P(MD)No.16489 of 2016 01.09.2016 RR PA/SS-3/SAR AE/01.09.2016/3P/4C (IT)