Madras High Court
WP(MD)/25038/2016 of P.SIVA BALAN, Vs THE DEPUTY SUPERINTENDENT on 29 December 2016
BENCH OF MADRAS HIGH COURT DATED: 29.12.2016 CORAM: THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.25038 of 2016 P.Siva Balan ... Petitioner -vs- 1. The Deputy Superintendent of Police, Vallioor, Tirunelveli District. 2. The Sub Inspector of Police, Kudankulam Police Station, Kudankulam,
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Conclusion
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.12.2016
CORAM:
THE HON'BLE MR.JUSTICE R.MAHADEVAN
W.P(MD) No.25038 of 2016
P.Siva Balan ... Petitioner
-vs-
1.The Deputy Superintendent of Police, Vallioor, Tirunelveli District.
2.The Sub Inspector of Police, Kudankulam Police Station, Kudankulam, Tirunelveli District. ... Respondents Prayer: Writ Petition filed under Article 226 of theConstitution of India for the issuance of Writ of Mandamus,directing the second respondent to grant permission and policeprotection for conducting Kabaddi Tournament as scheduled to holdon 31.12.2016 at 6.00 p.m., to next day 6.00 a.m., of 01.01.2017at Koodal City Playground, Situated at Kudankulam, RadhapuramTaluk, Tirunelveli District.
O R D E R
The writ petition has been filed for issuance of a Writ ofMandamus, directing the second respondent to grant permission andpolice protection for conducting Kabaddi Tournament as scheduledto hold on 31.12.2016 at 6.00 p.m., to next day 6.00 a.m., of01.01.2017 at Koodal City Playground, Situated at Kudankulam,Radhapuram Taluk, Tirunelveli District.
2. However, when the matter is taken up for hearing today, thelearned counsel for the petitioner submitted that the petitioneris going to conduct the Kabadi Programme only on 07.01.2017 andhttps://hcservices.ecourts.gov.in/hcservices/08.01.2017.
3. Mr.C.Selvaraj, learned Special Government Pleader, takesnotice for the respondents. By consent, the writ petition itselfis taken up for final disposal.
4. Heard the learned counsel appearing for the petitioner andthe learned Special Government Pleader appearing for therespondents.
5. The learned counsel appearing for the petitioner wouldsubmit that the Kabadi Tournament is being conducted by thevillagers regularly in order to promote harmony among public; thata representation was given to the respondents, but, however, thesame was not considered by the respondents so far and hence, thepetitioner is before this Court with this writ petition. Thelearned counsel appearing for the petitioner would further submitthat as the aforesaid tournament is conducted in a peaceful mannerby the villagers, there will be no untoward incident on account ofthis tournament.
6. The learned Special Government Pleader Advocate appearingfor the respondents, on instructions, would submit that thepermission sought for by the petitioner may be granted withappropriate and stringent conditions for maintaining law and orderand also to avoid any untoward incident during performance of suchtournament.
7. Accordingly, in view of the submission made by thelearned Special Government Pleader, the Writ Petition is disposedof with a direction to the respondent police to accord permissionto the petitioner to conduct Kabadi Tournament scheduled to beheld on 07.01.2017 at 06.00 p.m., to 08.01.2017 at 6.00 a.m., atKoodal City Playground, Situated at Kudankulam, Radhapuram Taluk,Tirunelveli District, by duly incorporating the followingconditions:
i) The petitioner and other participants shall not shout /raise any slogan implicating / demoralizing any party or partyleader, any caste, community or creed;
ii) The Referee must be a professionally competent person tobe nominated / appointed from the District Kabadi Association;
iii) The petitioner shall ensure that no untoward incidentis caused thereby disturbing the public peace and tranquility.
iv) The petitioner shall ensure keeping of proper first aidarrangements, preferably keeping one or two doctors in the venue.
https://hcservices.ecourts.gov.in/hcservices/ v)The participants of Kabadi tournament shall not wear anyform of dress displaying offending slogans or picture of anycommunal/political leader which may cause disturbance. form of dress displaying offending slogans or picture of anycommunal/political leader which may cause disturbance.
vi) The petitioner will ensure that no flex board orhoardings depicting particular community or leader will bedisplayed.
(vii) No flex boards in support of any political party orreligious leader be erected.
(viii) The participants of the tournament shall not intakeany kind of intoxicating substance or liquor during thetournament;
(ix) In the event of any untoward incident, the organizersof the tournament will be made responsible for the same;
(x) If there is any violation of any one of the conditionsimposed, the concerned Police Officer is at liberty to takenecessary action, as per law and stop such performance. No costs.
Sd/- Vacation Officer
/True Copy/
Sub Assistant Registrar
amTo
1. The Deputy Superintendent of Police, Vallioor, Tirunelveli District.
2. The Sub Inspector of Police, Kudankulam Police Station, Kudankulam, Tirunelveli District.
+1CC to Mr.S.Balamurugan, Advocate Sr.No.83806
GJM/PV/SAR-2-30.11.2016-3p-4C
W.P(MD)No.25038 of 201629.12.2016