Madras High Court
WP(MD)/25090/2016 of M.GIRI SUNDARAM, Vs THE SUPERINTENDENT OF POLICE, 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.25090 of 2016 M.Giri Sundaram ... Petitioner Vs. 1. The Superintendent of Police, Madurai District, Madurai. 2. The Inspector of Police, Melur Police Station, Madurai, Madurai District. ...
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.12.2016
CORAM
THE HON'BLE MR. JUSTICE R.MAHADEVAN
W.P(MD)No.25090 of 2016
M.Giri Sundaram ... Petitioner
Vs.
1. The Superintendent of Police, Madurai District, Madurai.
2. The Inspector of Police, Melur Police Station, Madurai, Madurai District. ... Respondents Prayer: Writ Petition is filed under Article 226 of theConstitution of India for issuance of a Writ of CertiorarifiedMandamus, to call for the records relating to the impugned orderpassed by the first respondent in his proceedings inNa.Ka.No.Mike/SDO.MLR/16, dated 28.12.2016 and quash the same asillegal and consequently to direct the respondents to grantpermission to conduct the sport,namely, Kabadi in their villagesituated at Therkutheru Post, Melur, Madurai District.
For Petitioner: Mr.R.ChandrasekarFor Respondents : Mr.K.P.Narayanakumar Government Advocate
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O R D E R
The Writ petition has been filed for issuance of a Writ ofCertiorarified Mandamus to quash the impugned order passed by thefirst respondent in his proceedings in Na.Ka.No.Mike/SDO.MLR/16,dated 28.12.2016 and for consequential direction to therespondents to grant permission to the petitioner to conduct'Kabadi' Tournament in their village situated at Therkutheru Post,Melur, Madurai District.
2. Mr.K.P.Narayanakumar, learned Government Advocate, takesnotice for the respondents. By consent, the writ petition itselfhttps://hcservices.ecourts.gov.in/hcservices/is taken up for final disposal.
3. Heard the learned counsel appearing for the petitioner andthe learned Government Advocate appearing for the respondents.
4. The case of the petitioner is that every year KabadiTournament is being conducted by the villagers regularly in orderto promote harmony among public; that a representation was givento the second respondent, but, however, the same was rejectedwithout giving an opportunity to explain the fact 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.
5. The learned Government Advocate appearing for therespondents would submit that the permission sought for by thepetitioner has been rejected on the ground that there islikelihood of communal and law and order problem.
6. However, the rejection order dated 28.12.2016 did notdisclose any specific reason. The order is very general in statingthat there is likelihood of law and order problem.
7. It is not in dispute that the impugned order has beenpassed without providing opportunity to the petitioner and on thatground, the impugned order is set aside. Accordingly, this WritPetition is allowed. The respondent police is directed to accordpermission to the petitioner to conduct 'Kabadi' Tournament atat Therkutheru Post, Melur, Madurai District, based on thepetitioner's representation to the respondents, dated 23.12.2016scheduled to be held on 30.12.2016 from 06.00 p.m. to 31.12.2016till 06.00 a.m., by duly incorporating the following conditions:
(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 incident iscaused 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.
(v) The participants of Kabadi tournament shall not wear anyform of dress displaying offending slogans or picture of anyhttps://hcservices.ecourts.gov.in/hcservices/communal/political leader which may cause disturbance.
(vi) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will bedisplayed.
(vii) No flex boards in support of any political partyor religious 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/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To
1. The Superintendent of Police, Madurai District, Madurai. Madurai District, Madurai.
2. The Inspector of Police,
Melur Police Station, Madurai,
Madurai District.
+1 cc to Special Government Pleader SR.No.83825
+1 cc to MR.R.CHANDRASEKAR, Advocate SR.No.83809
JAM/SS3/SAR-2/29.12.2016:3P/5C
W.P(MD)No.25090 of 201629.12.2016