Kumaresan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Kumaresan ... Petitioner Vs.
1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Vathalai Police Station, Vathalai, Trichy District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, seeking a Writ of certiorarified mandamus, to call for the records pertaining to the impugned order passed by the second respondent in his proceedings dated 06.09.2019 and quash the same as illegal, consequently, direct the respondents to permit the petitioner to condcut Kabadai Tournament from 21.09.2019 to 22.09.2019 in Mariyamman Kovil Thidal Cauverpalayam, Sithambur Post, Musiri Taluk, Trichy District.
For Petitioner : Mr.K.Arunraj For Respondents : Mr.R.Anandharaj Additional Public Prosecutor
ORDER
The Writ Petition has been filed to quash the impugned order of the second respondent dated 06.09.2019 and to direct the respondents to permit the petitioner to conduct Kabadi Tournament from 21.09.2019 to 22.09.2019 in Mariyamman Kovil Thidal Cauverpalayam, Sithambur Post, Musiri Taluk, Trichy District. 2.Heard the learned counsel for the appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3.The learned Additional Public Prosecutorappearing for the respondents submits that the police does not have any reservations on the place, where the tournament is to be conducted. However, there is an apprehension that some law and order problem may arise during the tournament.
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4.The respondents police are directed to grant permission for conducting the Kabadi tournament on 21.09.2019 from 05.00.p.m to 11.00.pm and 22.09.2019 from 05.00 am to 11.00pm, by enclosing the following conditions:
(i) the petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed;
iii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity;
iv)The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue; v)The participants of "Kabadi" tournament shall not wear any form of dress showing offending slogans or picture of any communal/political leader which may cause disturbance;
vi)Songs praising communal leader or having communal overtones should not be played;
vii)The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed;
viii)There should not be any Flex Boards representing any community or political leaders;
ix)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;
x)Similarly, the Police is empowered to stop the Kabadi tournament, if it exceeds beyond the permitted time; xi) the participants of the tournament shall not intake any kind of toxic substance or liquor during the tournament;
xii) If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same;
xiii) The Refree must be authorized person from the District Association; and xiv) The second respondent is at liberty to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity, so as to maintain law and order and communal harmony. 5.In the result, the impugned order dated 06.09.2019 passed by the second respondent is quashed. The petitioner is also directed to ensure that the conditions are strictly complied with and also to ensure that no law and order problem is created in the court of conducting the tournament.
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6.The writ petition stands disposed of with the above directions. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Vathalai Police Station, Vathalai, Trichy District.
+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-87422[F] dated 18/09/2019 ) 18.09.2019 das JM/20.09.2019/3P/4C 3/3