K.Mariraj, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.9826 of 2016 K.Mariraj ... Petitioner -vs1. The Superintendent of Police, Tirunelveli District, at Palayamkottai.

2. The Inspector of Police, Vasudevanaloor, Tirunelveli District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to give permission to conduct Kabadi Tournament on 10.06.2016 and 11.06.2016 during the Vaikasi festival of Arulmigu Sree Selval Vinayagar Temple between 6 p.m. to 6 a.m. in the petitioner's village viz., Vasudevanallur, Tirunelveli District. For Petitioner :

Mr.S.Xavier Rajini For Respondent :

Mr.D.Muruganandam, Addl. Govt. Pleader

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 conduct Kabadi Tournament on 10.06.2016 and 11.06.2016 between 6 p.m. to 6 a.m., during Vaikasi festival of Arulmigu Sree Selva Vinayagar Temple.

2. Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

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 second respondent, but, however, the same was not considered by the second 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. The petitioner has also given an undertaking that they will be responsible for any untoward incident. The same is recorded.

5. The learned Additional Government Pleader 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 above submission made by the learned Additional Government Pleader, the Writ Petition is disposed of with a direction to the respondents police to accord permission to the petitioner to conduct the Kabadi tournament at Vasudevanallur, Tirunelveli District, scheduled to be held on 10.06.2016 and 11.06.2016 between 6 p.m. to 6 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 (CS-I) /True Copy/ Sub Assistant Registrar To:

1. The Superintendent of Police, Tirunelveli District, at Palayamkottai.

2. The Inspector of Police, Vasudevanaloor, Tirunelveli District.

+ 1 CC TO M/S.S.XAVIER RAJINI, ADVOCATE IN SR NO. 27885/16 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 27981/16 GCG TE/SKS-RR/SAR-III : 07/06/2016 : 3P/5C (IT) W.P(MD)No.9826 of 2016 03.06.2016