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Madras High CourtWP(MD)/9044/2017disposed of

Mohamed Abdul Kadar, v. The Superintendent Of Police,

2017-05-18Honourable Mr Justice M.V. Muralidaran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.05.2017

CORAM:

THE HON'BLE Mr.JUSTICE M.V.MURALIDARAN W.P(MD)No.9044 of 2017 Mohamed Abdul Kadar (33/17) ... Petitioner Vs.

1. The Superintendent of Police, O/o. the Superintendent of Police, Tirunelveli.

2. The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Ambasamuthiram, Tirunelveli District.

3. The Inspector of Police, Kadayam Police Station, Tirunelveli District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to give permission to the petitioner's party to conduct cricket tournament in Parai Kovil Tank Ground which is situated at Pottalpudur, Tirunelveli District by considering the petitioner's representation dated 09.05.2017. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.K.P.Krishnadass, Government Advocate.

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus,directing the respondents to give permission to the petitioner's party to conduct cricket tournament in Parai Kovil Tank Ground which is situated at Pottalpudur, Tirunelveli District by considering the petitioner's representation dated 09.05.2017. 2.The learned Government Advocate, 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 Government Advocate appearing for the respondents. 4.The learned counsel appearing for the petitioner would submit that as the Cricket is to be conducted in a peaceful manner by the Villagers, there will be no untoward incident on account of this celebration.

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 competition.

6.In view of the submission made by the learned Government Advocate, the Writ Petition is disposed of with a direction to the respondent concerned to accord permission to the petitioner to conduct the Cricket on 20.05.2017 between 10.00 a.m. and 6.00 p.m., by 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 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 Cricket 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. (xi) A qualified Ortho specialist must be nominated / appointed.

(xii) The participants of the tournament shall be provided soft nutritious drinks.

(xiii) no loud speaker shall be used after 6.00 p.m. to next day morning 6.00 a.m.

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, O/o. the Superintendent of Police, Tirunelveli.

2. The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Ambasamuthiram, Tirunelveli District.

3. The Inspector of Police, Kadayam Police Station, Tirunelveli District.

+ 1 CC TO Mr.S.M.A.JINNAH, ADVOCATE IN SR No. 56857 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 56976 MYR/SMN2 TE/MMS/SAR-III : 19/05/2017 : 3P/6C W.P.(MD)No.9044 of 2017 18.05.2017