Boopalan. S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P(MD)No.25292 of 2022 and W.M.P.(MD) No.19389 of 2022 S.Boopalan

...Petitioner

Vs.

1.The Superintendent of Police, Trichirappalli.

2.The Deputy Superintendent of Police, Musiri, Trichirappalli District.

3.The Inspector of Police Thottiyam Police Station Trichirappalli District

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certioratied Mandamus, calling for the entire records pertaining to the impugned order of the 3rd respondent dated 01.11.2022 in Na.Ka.No.23/Kaa.Aa/Tho.Va./2022 and quash the same and consequently direct the 3rd respondent to give permission and police protection for conducting Kabadi Tournament by Ilayanila and Maruthai Memorial kabadi Committee, M.Puthur, 1/6

Thottiyam Taluk, Trichirappalli District function to be held on 12.11.2022 to 13.11.2022 (2 days Saturday and Sunday). For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.R.Suresh Kumar Government Advocate(Crl.Side)

O R D E R

This Writ Petition has been filed seeking issuance of a writ of Certirorified Mandamus calling for the entire records pertaining to the impugned order of the third Respondent dated 01.11.2022 in Na.Ka.No. 23/Kaa.Aa/Tho.Va./2022, quash the same and to direct the third respondent to give permission and police protection for conducting Kabadi Tournament by Ilayanila and Maruthai Memorial kabadi Committee at M.Puthur, Thottiyam Taluk, Trichirappalli District from 12.11.2022 to 13.11.2022.

2.The learned Government Advocate(Crl.Side) takes notice for the Respondents. By consent, the Writ Petition itself is taken up for final disposal.

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3.Heard the learned Counsel for the Petitioner and the learned Government Advocate(Crl.Side) appearing for the Respondents. 4.The learned Counsel for the Petitioner would submit that the representation of the Petitioner was rejected without any valid reason by the third Respondent. Hence he seeks to set aside the order. 5.The learned Government Advocate(Crl.Side) for the Respondents has no objection to allow this petition. 6.Accordingly, the Respondent police is directed to grant permission for conducting the Kabadi tournament from 12.11.2022 to 13.11.2022, 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;

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; 3/6

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 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 4/6

xiii) 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.

7. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 08.11.2022 Index :Yes/No Internet: Yes/No mm Note: Issue order copy on 09.11.2022 To 1.The Superintendent of Police, Trichirappalli.

2.The Deputy Superintendent of Police, Musiri, Trichirappalli District.

3.The Inspector of Police Thottiyam Police Station Trichirappalli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP, J.

mm W.P(MD).No.25292 of 2022 08.11.2022 6/6