R. Ponnirullappan v. Superintendent of Police, Office of The Superintendent of Police, Virudhunagar
2014-10-10
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment 1. By consent of parties, the writ petition itself is taken up for final disposal. 2. According to the petitioner, he is working as an agricultural coolie and he is a married person and has three children. Further, right from his childhood, he is very much interested in playing the game of 'kabadi'. The petitioner had formed a Kabadi Team in the name and style of “Sivantha Kangal Kabadi Team”. The said kabadi team is duly registered with the Virudhunagar Association. The Association's registration Number is 190. The petitioner's Kabadi Association/Team had taken part in many tournaments held in and around the Virudhunagar District and won several matches and said tournaments were conducted in a very peaceful and serene atmosphere. 3. It is the case of the petitioner that this year also, his village people have decided to conduct Kabadi Tournament on 03.10.2014 and 04.10.2014. The petitioner made a representation on 20.09.2014 to the second respondent seeking permission to conduct kabadi tournament on 03.10.2014 and 04.10.2014. Having received the representation, the second respondent/Sub-Inspector of Police, Sethur Police Station, Virudhunagar District asked the petitioner to conduct the kabadi tournament on 10.10.2014 and 11.10.2014 and accordingly, they changed the tournament date. Now, they had changed the kabadi tournament date. However, the second respondent by the impugned order, dated 10.10.2014 rejected the petitioner's request by assigning flimsy reasons. 4. The main grievance advanced on behalf of the petitioner is that last year, they had conducted the kabadi tournament on 11.10.2013 and 12.10.2013. On earlier occasion, the second respondent/Sub-Inspector of Police, Sethur Police Station, Virudhunagar District had denied permission to conduct kabadi tournament. Accordingly, the petitioner filed a writ petition in W.P.(MD).No.16527 of 2013 challenging the order passed by the second respondent. On 08.10.2013, this Court quashed the order passed by the second respondent and granted permission to conduct kabadi tournament, subject to certain conditions being imposed thereto. Accordingly, they had conducted kabadi tournament by adhering to the conditions imposed by this Court. 5. According to the learned counsel for the petitioner, the petitioner is willing to conduct kabadi tournament on 18.10.2014 and 19.10.2014 respectively. The learned counsel for the petitioner seeks in aid of the order passed by this Court in W.P.(MD).No.14229 of 2013 and M.P. (MD).No.1 of 2013, dated 26.08.2013, whereby and whereunder, this Court in paragraph No.5 and 6 had passed the following order. “5.
The learned counsel for the petitioner seeks in aid of the order passed by this Court in W.P.(MD).No.14229 of 2013 and M.P. (MD).No.1 of 2013, dated 26.08.2013, whereby and whereunder, this Court in paragraph No.5 and 6 had passed the following order. “5. Considering the facts and circumstances of the case and also considering the submission of the learned Additional Government Pleader appearing for the respondents, the second respondent police is directed to pass appropriate orders granting permission to the petitioner to conduct the Kabadi Tournament at Perumalkovil Ground, Ayankollankondan Village, Seithur, Virudhunagar District, on 31.08.2013 at 06.00 p.m. to 01.09.2013 to 02.00 p.m., subject to the following conditions: (i) The petitioner should ensure that sufficient medical facilities are available at the venue; (ii) There should not be any kind of play of communal songs praising any communal leaders; (iii) There should not be any kind of flex boards or hoardings during the said competition; (iv) It is open to the third respondent to impose other reasonable restrictions for the conduct of Kabadi Tournament in public interest and to ensure peace; (v) The said Kabadi Tournament should be restricted on 31.08.2013 at 06.00 p.m. to 01.09.2013 at 02.00 p.m.; (vi) if there is any violation, the concerned Police Officer is permitted to take necessary action as per law and stop such competition; 6. The Inspector of Police, Seithur Police Station, Seithur, Virudhunagar District, is directed to issue permission incorporating the above conditions positively by 05.00 p.m., on 30.08.2013.” 6.
The Inspector of Police, Seithur Police Station, Seithur, Virudhunagar District, is directed to issue permission incorporating the above conditions positively by 05.00 p.m., on 30.08.2013.” 6. In view of the fact that the petitioner has formed a kabadi team in the name and style of “Sivantha Kangal Kabadi Team” and also is very much interested in playing the game of kabadi and also this Court taking note of the fact that on earlier occasion, this Court had granted permission in W.P.(MD).No.14429 of 2013 on 26.08.2013 to the petitioner therein for conducting kabadi tournament subject to conditions being imposed therein, this Court, in the present writ petition, grants permission to the petitioner to conduct the kabadi tournament to be held on 18.10.2014 and 19.10.2014 in the name of “Sivantha Kangal Kabadi Team” at Ganapathi Sundaranatchiyapuram, Virudhunagar District in connection with the Purattasi Festival, subject to the following conditions: i) The petitioner should ensure that the adequate/requisite medical facilities are provided or made available at the venue of kabadi tournament; ii) There should not be any kind of play or recital of communal songs praising any particular communal leader/leaders as the case may be; iii) There should not be any kind of flex boards or hoardings during the said tournament; iv) The said tournament is permitted to be conducted on 18.10.2014 and 19.10.2014 between 6.00 p.m. to 02.00 a.m.; v) It is open to the second respondent/Sub-Inspector of Police, Sethur Police Station, Virudhunagar District to impose any other reasonable restrictions for the peaceful and orderly conduct of the kabadi tournament in public interest with a view to ensure public tranquility. vi) The petitioner shall give an undertaking before the second respondent Police that the tournament in question shall be conducted in an organized and peaceful manner without giving room for any complaint. vii) The petitioner has to apply for licence before the second respondent/Sub-Inspector of Police, Sethur Police Station, Virudhunagar District for the conduct of the kabadi tournament in question (if the same is legally required.) and in this regard, the petitioner/the Organizers has to approach the second respondent Police to submit necessary application and on receipt of the said application, the second respondent is directed to accord permission for the orderly conduct of the kabadi tournament in question for the events on 18.10.2014 and 19.10.2014 respectively between 06.00 p.m. to 02.00 a.m. 7.
It is made clear if the petitioner/Organizers violates/violate any of the conditions imposed by this Court, then the second respondent/Sub-Inspector of Police, Sethur Police Station, Virudhunagar District is without any hesitation is directed to step in and put an end to such tournament. 8. With the aforesaid directions, this writ petition is disposed of. Consequently, connected miscellaneous petitions are also disposed of. No costs.