WP(MD)/25063/2016 of P.PRABIN,S/O.M.PAULRAJ Vs THE SUPERINTENDENT OF POLICE on 29 December 2016

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Inspector of Police,

Marthandam Police Station,

Kanyakumari District.

...Respondents

PRAYER: Petition is filed under Article 226 of the Constitution ofIndia, to issue a Writ of Mandamus, directing the respondents toaccord permission and provide police protection to the 21[st] AnnualDay celebration of “Nehru Ninaivu Vilaiyattu Mandram” scheduled on1[st] and 2[nd] of January 2017.

The petitioner seeks for a Writ of Mandamus, directing therespondents to accord permission and provide police protection tothe 21[st] Annual Day celebration of “Nehru Ninaivu VilaiyattuMandram” scheduled on 1[st] and 2[nd] of January 2017.

2. Heard the learned counsel for the petitioner and the learnedGovernment Advocate appearing for the respondents.

3. Earlier, the petitioner filed a Writ petition in W.P.(MD)Nos.22389 and 22558 of 2013 and this Court by order dated16.12.2015 granted permission by imposing certain conditions.Following the same, this Court is inclined to pass the followingorders:

(i) The petitioner is permitted to conduct the 'Annual DayCelebration' on 1[st] and 2[nd] January 2017 at 6.00 a.m., to 9.00 p.m.,at the place in question.

ii)The petitioner and other participants shall not shout,raise any slogan for or against any party or party leader, anycaste, community or creed.

https://hcservices.ecourts.gov.in/hcservices/iii) The petitioner shall ensure that no untoward incidentis caused disturbing the public peace and tranquility.is caused disturbing the public peace and tranquility.

iv) The petitioner shall ensure proper first aidarrangements by keeping one or two doctors in the venue.

v)The participants of the sports events shall not wear anyform of dress showing offending slogans or picture of anycommunal/political leader which may cause disturbance.

vi)Songs praising communal leader or having communalovertones should not be played.

vii)The petitioner will ensure that no flex board orhoardings depicting particular community or leader, who is alive,will be displayed.

(viii) No flex boards in support of any political party orreligious leader be erected.

(ix) 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;

(x) Similarly, the Police is empowered to stop the programme,if it exceeds beyond the permitted time.

(xi) The participants of the tournament shall not intake anykind of toxic substance or liquor during the meeting. In the eventof any suspicion of consumption of alcohol, by the respondentpolice, can very well check the person by using Alcohol BreathAnalyser;

(xii) If there is any untoward incident took place, theorganizers of the tournament be made responsible for the same;

(xv) The petitioner shall not use mikes with loud speakers oramplifiers so as to cause disturbance to the students, who areundertaking examinations, patients and old aged people during thetournament.

(xvi) The organizer of the function should ensure free flowof traffic.

(xvii) If any untoward incidents happened during theprogramme, the same should be brought to the notice of this Courtby the respondent and it will be viewed seriously.

(xviii) During programme normal level audio speakers aloneare permitted to use. https://hcservices.ecourts.gov.in/hcservices/

The Writ petition is disposed of accordingly. No costs.Consequently, connected W.M.P.is closed.

/True Copy/

Sd/-

Vacation Officer/Assistant Registrar

Sub-Assistant Registrar

To

1. The Superintendent of Police, Kanyakumari District, Nagercoil. Kanyakumari District, Nagercoil.

2. The Inspector of Police, Marthandam Police Station, Kanyakumari District. Marthandam Police Station, Kanyakumari District.

+One cc to Mr.N.Dilip Kumar, Advocate, SR.No.83775

+One cc to The Special Government Pleader, SR.No.83834

nbj

RL/5C/3P/SKS/RR/SARI/29.12.2016

W.P.(MD)No.25063 of 2016

29.12.2016