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Madras High CourtWP(MD)/22251/2022allowed

Manikandan.K v. The Superintendent Of Police

2022-09-22Honourable Mr Justice Sathi Kumar Sukumara Kurup6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP K.Manikandan

...Petitioner

Vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thiruvaiyaaru, Thanjavur District.

3.The Inspector of Police, Nadukaveri Police Station, Thanjavur District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to grant necessary permission for conducting the Kabadi Tournament from 23.09.2022 at 9.00 a.m. in a play ground at out Arasakkudi Village, Thiruvaiyaaru Taluk, Thanjavur District on the basis of representation, dated 15.09.2022.

For Petitioner : Mr.T.Indrachithu For Respondents : Mr.R.Nambi Selvan Additional Public Prosecutor 1/6

O R D E R

This Writ Petition has been filed seeking issuance of a writ of Mandamus directing the respondents to grant necessary permission for conducting the Kabadi Tournament from 23.09.2022 at 9.00 a.m. in a play ground at out Arasakkudi Village, Thiruvaiyaaru Taluk, Thanjavur District on the basis of representation, dated 15.09.2022.

2. The learned Additional Public Prosecutor would submit that that there is a likelihood of law and order issues regarding Kabadi Matches. He further submits that there is no play ground available in the village. Therefore, he vehemently objected.

3. The learned Counsel for the Petitioner by way of rejoinder submits that there are spaces available within the village to conduct Kabadi match and also it will be a local match.

4. In the light of the apprehension expressed by the learned Additional Public Prosecutor, the Respondents are directed to grant permission for conducting the Kabadi tournament on 23.09.2022 to 26.09.2019, by imposing the following conditions: 2/6

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; 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 concerned Police Officer 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 3/6

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; and xiii) The third 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. Accordingly, this Writ Petition is disposed of. No costs. 22.09.2022 Index :Yes/No vsd Note: Issue Order Copy on 22.09.2022 4/6

To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thiruvaiyaaru, Thanjavur District.

3.The Inspector of Police, Nadukaveri Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

SATHI KUMAR SUKUMARA KURUP, J.

vsd 22.09.2022 6/6