P.Siva Balan, v. The Deputy Superintendent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.12.2016
CORAM:
THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.25038 of 2016 P.Siva Balan ... Petitioner -vs1.The Deputy Superintendent of Police, Vallioor, Tirunelveli District.
2.The Sub Inspector of Police, Kudankulam Police Station, Kudankulam, Tirunelveli District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the second respondent to grant permission and police protection for conducting Kabaddi Tournament as scheduled to hold on 31.12.2016 at 6.00 p.m., to next day 6.00 a.m., of 01.01.2017 at Koodal City Playground, Situated at Kudankulam, Radhapuram Taluk, Tirunelveli District.
For Petitioner :
Mr.S.Balamurugan For Respondents :
Mr.C.Selvaraj Spl. Govt. Pleader
O R D E R
The writ petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to grant permission and police protection for conducting Kabaddi Tournament as scheduled to hold on 31.12.2016 at 6.00 p.m., to next day 6.00 a.m., of 01.01.2017 at Koodal City Playground, Situated at Kudankulam, Radhapuram Taluk, Tirunelveli District.
2.However, when the matter is taken up for hearing today, the learned counsel for the petitioner submitted that the petitioner is going to conduct the Kabadi Programme only on 07.01.2017 and 08.01.2017.
3. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.
4.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
5. 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 respondents, 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.
6. The learned Special Government Pleader 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.
7. Accordingly, in view of the submission made by the learned Special Government Pleader, the Writ Petition is disposed of with a direction to the respondent police to accord permission to the petitioner to conduct Kabadi Tournament scheduled to be held on 07.01.2017 at 06.00 p.m., to 08.01.2017 at 6.00 a.m., at Koodal City Playground, Situated at Kudankulam, Radhapuram Taluk, Tirunelveli 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 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/- Vacation Officer /True Copy/ Sub Assistant Registrar am To 1.The Deputy Superintendent of Police, Vallioor, Tirunelveli District.
2.The Sub Inspector of Police, Kudankulam Police Station, Kudankulam, Tirunelveli District.
+1CC to Mr.S.Balamurugan, Advocate Sr.No.83806 GJM/PV/SAR-2-30.11.2016-3p-4C W.P(MD)No.25038 of 2016 29.12.2016