B.Vinoth Kannan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016
CORAM:
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.20517 of 2016 B.Vinoth Kannan : Petitioner -vsThe Sub Inspector of Police, Kollidam Police Station, No.1 Tollgate, Trichy District.
: Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondent herein to grant permission to conducting Kabadi Tournament at Uthamarseeli, Thiruvanai Kovil via., Trichy District from 29.10.2016 at 10.00 pm to 30.10.2016 at 10.00 pm based on the petitioner's representation, dated 20.10.2016 and pass further orders.
For Petitioner :
Mr.M.Bindran For Respondent :
Mr.K.P.Krishna Das 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 accord protection for conducting the Kabadi Tournament scheduled on 29.10.2016 at 10.00 pm to 30.10.2016 at 10.00 pm, based on the petitioner's representation, dated 20.10.2016. 2.Mr.K.P.Krishna Das, 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 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 they are willing to conduct the Kabadu Tournament on 05.11.2016 and 06.11.2016, instead of 29.10.2016 and 30.10.2016 and also undertakes 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 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 scheduled to be conducted on 05.11.2016 and 06.11.2016. 6.Accordingly, in view of the submission made by the learned Government Advocate and recording the undertaking given by the petitioner, 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 Tournament on from 05.11.2016 at 10.00 pm to 06.11.2016 at 10.00 pm at Uthamarseeli, Thiruvanai Kovil via, Trichy District, 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 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. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar er To:
The Sub Inspector of Police, Kollidam Police Station, No.1 Tollgate, Trichy District.
+1cc to Mr.M.Bindran Advocate Sr.No. 64409 +1cc to Spl.Government Pleader Sr.No.64761 JAM/01.11.16/SK-SKN/SAR 1/3P-4C W.P.(MD) No.20517 of 2016 26.10.2016