WP(MD)/24211/2017 of S.MUTHUSELVAM Vs THE INSPECTOR OF POLICE on 28 December 2017

O R D E R

Mr.A.K.Baskara Pandian, Special Government Pleader, takesnotice for the respondent. By consent, the writ petition itselfis taken up for final disposal.

2. Heard the learned counsel appearing for the petitionerand the learnerd Special Government Pleader appearing for therespondent.

3. The present writ petition has been filed for issuanceof a Writ of Mandamus, seeking a direction to the respondent togrant permission and accord protection for conducting the Kabaditournament scheduled from 07.01.2018 at about 8:00pm to 08.01.2018at about 8:00am at Pattaipillaipudur Thidal, Nanguneri Taluk,Tirunelveli District and for usage of mike set during the aboveKabadi Tournament.

4. The learned counsel for the petitioner would submitthat the villagers jointly decided to conduct the Kabadi tournament between 07.01.2018 and 08.01.2018. In this connection,a representation dated 16.12.2017 was given to the respondentpolice, with a request to grant permission to conduct the eventson the above said dates, however, the respondent has notconsidered the request of the petitioner and hence, the petitioneris before this Court with this Writ Petition. The learned counselfor the petitioner would further submit that as the said eventwill be celebrated in a peaceful manner by the villagers, therewill be no untoward incident by the people of the village.

5. The Special Government Pleader appearing for therespondent, on instructions, would submit that the prayer soughtfor by the petitioner may be granted with stringent conditions formaintaining law and order and also to avoid any untoward incidentduring performance of such tournament.

6. Having considered the facts and circumstances and thesubmissions made by the counsel for the petitioner and the SpecialGovernment Pleader appearing for the respondents, this Court is ofthe view that necessary permission shall be granted to thepetitioner and his Villagers to conduct Kabadi tournament on theabove dates.

7. Accordingly, the Writ Petition is disposed of with thefollowing directions:

(i) The Kabadi tournament is permitted to be conducted at atPattaipillaipudur Thidal, Nanguneri Taluk, Tirunelveli Districtbetween 10.00pm on 07.01.2018 and 08:00am on 08.01.2018.

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

iii) The petitioner shall ensure that no untoward incidentis caused disturbing the public peace and tranquility.

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

v)The participants of Kabadi tournament 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 communal overtonesshould not be played.

vii)The petitioner will ensure that no flex board or hoardingshttps://hcservices.ecourts.gov.in/hcservices/depicting particular community or leader, who is alive, will bedisplayed.

(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 Kabaditournament , 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, they can very well check the person by using AlcoholBreath Analyser;

(xii) If there is any untoward incident took place, the villagepeople and the organizers of the tournament be made responsiblefor the same;

(xiii) The second respondent is directed to issue necessarypermission, incorporating the above conditions.

(xiv) The Referee must be authorized person from the DistrictAssociation.

(xv) The petitioner shall not use mikes with loud speakers oramplifiers, as it causes disturbance to students, patients and oldaged people. No costs.

Sd/-Assistant Registrar(CS-III)

/True copy/

To:1.The Inspector of Police,Nanguneri Police Station,Tirunelveli District.

Sub Assistant Registrar

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

+1cc to Mr.D.Venkatesh, Advocate Sr.No.95152

AR

VB/MR/SAR4/29/12/2017/3P/4C

W.P(MD)No.24211 of 2017