Pavithramanickam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P(MD)No.27002 of 2022 Pavithramanickam, : Petitioner Vs The Inspector of Police, Thottiam Police Station (Circle), Trichy District.

: Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, call for the records in pertaining to the impugned order of the Respondent vide his proceedings in Na.Ka. No.25/ka.Aa/Tho.Va/2022, dated 22.11.2022, quash the same as illegal, consequently directing the Respondent to grant permission to conduct Kabadi Tournament schedule to be held on from 03.12.2022 to 04.12.2022 in the name of the Valarpirai Kabadi Kulu at Suruttupalayam, Thottiam Taluk, Trichy District.

For Petitioner : Mr.T.Vadivelan For Respondent : Mr.R.Suresh Kumar Government Advocate(Crl.Side) 1/6

O R D E R

The Petitioner has filed the above Writ Petition to quash the impugned order passed by the Respondent vide his proceedings in Na.Ka. No.25/ka.Aa/Tho.Va/2022, dated 22.11.2022, and consequently directing the Respondent to grant permission to conduct Kabadi Tournament, which is scheduled to be held from 03.12.2022 to 04.12.2022 in the name of the Valarpirai Kabadi Kulu at Suruttupalayam, Thottiam Taluk, Trichy District.

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

3.Heard the learned Counsel for the Petitioner and the learned Government Advocate(Crl.Side) appearing for the Respondents. 4.The learned Counsel appearing for the Petitioner would submit that the Petitioner's representation dated 22.11.2022 was rejected by the Respondent police. Hence this petition had been filed seeking to quash the impugned order passed by the Respondent and permit the Petitioner 2/6

to conduct Kabadi Tournament in the above said place. 5.The learned Government Advocate(Crl.Side) appearing for the Respondents submitted that the said representation was rejected on the ground that of the proposed visit of the Hon'ble Chief Minister of Tamil Nadu to the Southern Districts. Now, it is understood that the programme of the Hon'ble Chief Minister of Tamil Nadu had been postponed to 08.12.2022. Therefore, there is no objection in granting permission to the petitioner to conduct the Kabadi Tournament in the above said date and place within the light of the circular issued by the Director General of Police.

6. Considering the submission made by the learned Government Advocate (Crl.Side), the petitioner is permitted to conduct the tournament subject to 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 3/6

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 Police Officer 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;

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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 allowed. No costs. 30.11.2022 Index :Yes/No Internet: Yes/No lr Note: Issue Order Copy on 30.11.2022 To 1.The Inspector of Police, Thottiam Police Station (Circle), Trichy District.

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

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SATHI KUMAR SUKUMARA KURUP, J.

lr W.P(MD).No.27002 of 2022 30.11.2022 6/6