Madras High Court
WP(MD)/25042/2016 of SELVAKUMAR, S/O.AMIRTHARAJ Vs THE INSPECTOR 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.25042 of 2016 SELVAKUMAR .. PETITIONER Vs THE INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT. .. RESPONDENT Prayer: Writ Petition filed under Article 226 of the
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
THE HON'BLE MR.JUSTICE R.MAHADEVAN
SELVAKUMAR .. PETITIONER
THE INSPECTOR OF POLICE
THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT. .. RESPONDENT
Prayer: Writ Petition filed under Article 226 of theConstitution of India for the issuance of Writ of Mandamus,directing the respondent to grant permission to conduct the Kabadicompetition in District Level scheduled on 30.12.2016 at about 7pm to 31.12.2016 at about 6 a.m at Manakavalapuram East ground,Ittamozhi Village, Nanguneri Taluk, Tirunelveli District, byconsidering the petitioner's representation, dated 15.12.2016.
O R D E R
The writ petition has been filed for issuance of a Writ ofMandamus, directing the respondent to grant permission to conductthe Kabadi competition in District Level scheduled on 30.12.2016at about 7 pm to 31.12.2016 at about 6 a.m at Manakavalapuram Eastground, Ittamozhi Village, Nanguneri Taluk, TirunelveliDistrict, by considering the petitioner's representation, dated15.12.2016.
2. Mr.K.P.Krishna Doss, learned Government Advocate, takesnotice for the respondent. By consent, the writ petition itselfis taken up for final disposal.
3. Heard the learned counsel appearing for the petitioner andthe learned Government Advocate appearing for the respondent.
4. The learned counsel appearing for the petitioner wouldsubmit that the Kabadi Tournament is being conducted by thehttps://hcservices.ecourts.gov.in/hcservices/villagers regularly in order to promote harmony among public; thata representation was given to the respondent, but, however, thesame was not considered by the respondent so far and hence, the petitioner 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 therespondent, on instructions, would submit that the permissionsought for by the petitioner may be granted with appropriate andstringent conditions for maintaining law and order and also toavoid any untoward incident during performance of such tournament.
6. Accordingly, in view of the submission made by thelearned Government Advocate, the Writ Petition is disposed of witha direction to the respondent police to accord permission to thepetitioner to conduct Kabadi Tournament based on the petitioner'srepresentation to the respondent, dated 15.12.2016, scheduled tobe held on 30.12.2016 at about 7.00 p.m. to 31.12.2016 at about6.00 a.m. at Manakavalapuram East ground, Ittamozhi Village,Nanguneri Taluk, Tirunelveli District, by duly incorporating thefollowing 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.
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 thehttps://hcservices.ecourts.gov.in/hcservices/tournament;
(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.
ToThe Inspector of Police,THISAYANVILAI POLICE STATION,TIRUNELVELI DISTRICT.
+1CC to M/S.C.K.M.Appaji, Advocate, SR.No. 83753+1CC to the Special Government Pleader, SR.No. 83826
W.P(MD)No.25042 of 201629.12.2016
trbANR/CK/SAR-1/29.12.2016/3P/4C