WP(MD)/25055/2016 of P. THIRUMALAI KUMAR Vs THE SUB-INSPECTOR OF POLICE, on 29 December 2016

Relief

The Sub-Inspector of Police,Pavoorchathiram Police Station,Tirunelveli District. .. Respondent Prayer: Writ Petition filed under Article 226 of theConstitution of India for the issuance of Writ of CertiorarifiedMandamus, to call for the records pertaining to the impugnedorder passed by the respondent in his proceedings dated NIL, andquash the same as illegal and consequently directing therespondent to grant permission and afford protection forconducting the Kabadi Tournament, scheduled between 10.00 pm on31.12.2016 up to 2.00 pm on 01.01.2017 and for usage of mike setduring the said Tournament scheduled at NavaneethakrishnanVillage, Alangulam Taluk, Tirunelveli District.

The writ petition has been filed for issuance of a Writ ofMandamus, directing the respondent to grant permission withnecessary police protection for conducting Kabadi Tournament,scheduled between 10.00 pm on 31.12.2016 up to 2.00 pm on01.01.2017 and for usage of mike set during the said Tournamentscheduled at Navaneethakrishnan Village, Alangulam Taluk,Tirunelveli District.

2. Mr.K.P.Krishna Doss, learned Government Advocate, takesnotice for the respondent. By consent, the writ petition itselfis taken up for final disposal.

https://hcservices.ecourts.gov.in/hcservices/3.Heard the learned counsel appearing for the petitioner andthe learned Government Advocate appearing for the respondent. the learned Government Advocate appearing for the respondent.

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 respondent, but, however, the same was rejected withoutgiving 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 NIL did not discloseany specific reason. The order is very general in stating thatthere 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.

8. The respondent police is directed to accord permission tothe petitioner to conduct Kabadi Tournament at NavaneethakrishnanVillage, Alangulam Taluk, Tirunelveli District, scheduled to beheld on 07.01.2017 at about 7.00 p.m. to 08.01.2017 at about 7.00a.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 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.

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.

https://hcservices.ecourts.gov.in/hcservices/ vi) The petitioner will ensure that no flex board orhoardings depicting particular community or leader will bedisplayed. hoardings 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.

/True copy/

Sd/- Assistant Registrar

Sub Assistant Registrar

ToThe Sub-Inspector of Police,Pavoorchathiram Police Station, Tirunelveli District.

+1cc to Special Government Pleader, SR.No.83836+1cc to M/S D.Venkatesh, Advocate, SR.No.3

GJM/SS3/SAR-1/4-1-17/3p/4c

W.P(MD)No.25055 of 201629.12.2016