WP(MD)/19966/2020 of THANGAM. N Vs THE SUPERINTENDENT OF POLICE on 30 December 2020

ORDER

This writ petition has been filed for issuance of a Writof Certiorarified Mandamus to call for the records relating tothe impugned order dated 17.12.2020 in Se.Mu.Aa.No.05/PoliceInspector/S2PS/Thoodi/2020 passed by the second respondent andquash the same and further directing the second respondent togrant permission and adequate police protection for conductingKabadi Tournament at Karaiyadiyur, Seidunganallur, ThoothukudiDistrict on 02.01.2021 and 03.01.2021.

2. The learned counsel for the petitioner would submitthat the Kabadi Tournament has been conducted by the petitioner'shttps://hcservices.ecourts.gov.in/hcservices/

village people for the past six years in a peaceful manner withoutany hindrance to anybody. In this regard, the petitioner made arepresentation on 17.12.2020 before the second respondent seekingpermission to conduct Kabadi Tournament on 02.01.2021 and03.01.2021. The second respondent without considering therelaxation given to the public regarding conduct of sportsactivities, mechanically, rejected permission to conduct kabadi onthe ground that there will be a possibility of spread of COVID-19and also there is a possibility of communal clash between twocommunities. Hence the present writ petition has been filed.

3. The learned Government Advocate appearing for therespondents would submit that considering the relaxation given bythe Government for sports activities, the prayer sought for by thepetitioner may be granted with stringent conditions. He wouldfurther submit that the petitioner may be directed to fix someother date as there is deficiency of police personnel to providepolice protection on the particular dates.

4. The learned Counsel appearing for the petitioner oninstructions submit that instead of 02.01.2021 and 03.01.2021, therespondents may give permission on 06.01.2021 and 07.01.2021 toconduct the Kabadi Tournament.

5. Considering the fact that the Government has relaxedthe conditions for sports activities, the order passed by thesecond respondent dated 17.12.2020 is quashed and the WritPetition is allowed by directing the second respondent police togrant permission for conducting the Kabadi tournament on06.01.2021 to 07.01.2021 at Karaiyadiyur, Seidunganallur,Thoothukudi District, by enclosing the following conditions:

i) The tournament scheduled to be held should becompleted within the time specified by the SHO accordingto the tournament

ii)The organizers and other participants shall notshout, raise any slogan for or against any caste,community or creed;iii) The organizers shall ensure that no untowardincident is caused disturbing the public peace andtranquillity;

iv)The organizers shall make provision for firstaid arrangements properly and doctors wherever feltnecessary

v)The participants of “Kabadi” tournament shall notwear any form of dress showing offending slogans orpicture of any communal/caste leader which may causedisturbance;

vi)Songs praising communal leader caste leaderhttps://hcservices.ecourts.gov.in/hcservices/should not be played;

vii)The organizers will ensure that no flex boardor hoardings depicting particular caste, community orpolitical leader will be displayed;

viii) The participants of the tournament shall notconsume any kind of intoxicating substance or liquorduring the tournament

ix) If there is any untoward incident, theorganizers of the tournament be made responsible for thesame.

x) Organizers shall not erect any digitalbanners/placards on either side of the arterial roads,platforms,walkways/major roads and any other roads.

xi) the function will be conducted in the spirit ofgame.

xii) If there is any violation of any one of theconditions imposed the concerned police officer is atliberty to take necessary action, as per law and stop suchperformance

xiii) Similarly, stop the tournament, if it exceedsbeyond the permitted time.

(xiv) organizers shall have to obtain all otherrequired permissions from the authorities concerned.

xv) SHO shall impose any further restrictions or toimpose any conditions purely in the interest of preservingpublic order and tranquillity, so as to maintain law andorder and communal harmony.”

6. The petitioner is also directed to ensure that theconditions are strictly complied with and also to ensure that nolaw and order problem is created in the course of conducting thetournament. It is made clear that the guidelines issued by theGovernment in tackling COVID-19 pandemic shall be strictlyfollowed by all concerned. No costs.

VACATION OFFICER/AR

SMN2/SRM

https://hcservices.ecourts.gov.in/hcservices/

To1.The Superintendent of Police Thoothukudi, Thoothukudi District.

2. The Inspector of Police Seidunganallur Police Station Seidunganallur, Thoothukudi District.

KM (05.01.2021) 4P 3C

W.P.(MD)No.19966 of 2020 30.12.2020