Madras High CourtWP(MD)/18710/2016disposed of

Vadivel, S/O. Ramaiah, v. The Inspector Of Police

2016-09-28Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2016

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.18710 of 2016 Vadivel ... Petitioner -vsThe Inspector of Police, Earvadi Police Station, Tirunelveli District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondent to grant permission and accord protection for conducting the Kabadi Tournament scheduled on 1.10.2016 at 9.00 pm to 2.10.2016 at 9.00 am held in Amman Kovil Ground at Sesaiyapuram, Tirunelveli.

For Petitioner :

Mr.M.Subash Babu For Respondent :

Mr.K.P.Krishna Doss Government Advocate

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to grant permission and police protection to conduct Kabadi Tournament scheduled to be held on 01.10.2016 at 09.00 p.m. to 02.10.2016 at 09.00 a.m. at Amman Kovil Ground at Sesaiyapuram, Tirunelveli.

2. Mr.K.P.Krishna Doss, learned Government Advocate, 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 Government Advocate appearing for the respondent.

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 respondents 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 respondent police to accord permission to the petitioner to conduct Kabadi Tournament at Amman Kovil Ground at Sesaiyapuram, Tirunelveli, based on the petitioner's representation to the respondents, dated 24.09.2016, scheduled to be held on at 01.10.2016 at 09.00 p.m. to 02.10.2016 at 09.00 a.m. 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(RTI) /TRUE COPY/ Sub Assistant Registrar

To The Inspector of Police, Earvadi Police Station, Tirunelveli District.

+1cc to M/S.M.Subash Babu, Advocate in SR.No.56935 +1cc to Special Government Pleader in SR.No.56682 W.P(MD)No.18710 of 2016 28.09.2016 PJL PA/AAL-MPA/SAR II/29.09.2016/3P/4C