Murugesan.V v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.21212 of 2022 V.Murugesan ... Petitioner /vs./ 1.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

2.The Inspector of Police, Vijayanarayanam Police Station, Vijayanarayanam, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to grant permission for conducting the State Level Flood Light Kabadi Tournament for Women. In this regard, the petitioner's committee decided to arrange Kabadi matches for Women to be held on 19.9.2022 to 20.9.2022 at Keezha Ramaneri Village, Nanguneri Taluk, Tirunelveli District based on the petitioner's representation dated 29.8.2022 submitted before the respondents.

For Petitioner : Mr.S.Krishnan For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/7

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the Respondent/s to grant permission for conducting State Level Flood Light Kabadi Tournament for Women, which is scheduled to be held on 19.09.2022 and 20.09.2022 at Keezha Ramaneri Village, Nanguneri Taluk, Tirunelveli District, based on the petitioner's representation dated 29.08.2022. 2.The learned Additional Public Prosecutor takes notice for the Respondent/s. By consent, the Writ Petition itself is taken up for final disposal. 3.Heard the learned Counsel for the Petitioner and the learned Additional Public Prosecutor appearing for the Respondent/s. 4.The learned Counsel appearing for the Petitioner submitted that as it is conducted after Guru Pooja, which falls on 11.09.2022, there will not be any law and order issues.

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5.The learned Additional Public Prosecutor appearing for the respondent/s, vehemently opposed stating that as it is the State Level Flood Light Kabadi Tournament for Women, there is likelihood of continuing the Tournament beyond the permitted time and therefore, the respondents are objecting to continue the Tournament beyond 10.00 p.m.

4.In view of the submission made by the learned Additional Public Prosecutor and the learned Counsel appearing for the Petitioner, the Writ Petition is disposed of, with a direction to the Respondent/s concerned to accord permission for conducting the Kabadi tournament on 19.09.2022 and 20.09.2022, by incorporation 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;

ii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity; iii) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue;

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iv) 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; v) Songs praising communal leader or having communal overtones should not be played;

vi) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed; vii) There should not be any Flex Boards representing any community or political leaders;

viii) If there is any violation of any one of the conditions imposed, the S.H.O. concerned is at liberty to take necessary action, as per law and stop such performance;

ix) Similarly, the Police is empowered to stop the Kabadi tournament, if it exceeds beyond the permitted time; x) the participants of the tournament shall not partake any kind of toxic substance or liquor during the tournament; xi) If there is any untoward incident taking place, the village people and the organizers of the tournament be made responsible for the same;

xii) The Refree must be authorized person from the District Association;

xiii) The second respondent is at liberty to impose any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity, so as to maintain law and 4/7

order and communal harmony.

No costs.

07.09.2022 Index : Yes / No Internet : Yes / No sm 5/7

TO:

1.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

2.The Inspector of Police, Vijayanarayanam Police Station, Vijayanarayanam, Tenkasi District.

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SATHI KUMAR SUKUMARA KURUP , J.

Sm Order made in W.P.(MD)No.21212 of 2022 Dated:

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