M. Anbu v. Superintendent of Police, Tirunelveli District, Tirunelveli
2014-10-29
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 functioning as a Manager of the Friends Star Kabaddi Club and every year, they are celebrating 'Kabadi Tournament' and the said Tournaments are conducted for the last three years. The Petitioner addressed a communication to the Second Respondent on 13/10/2014 with a request to grant him permission for conducting 'Kabadi Tournament' on 26/10/2014. The said application was received by the Second Respondent on 14/10/2014. Till date, the Second Respondent had not passed orders on the representation made by the Petitioner. Thereafter, the Petitioner has sought for permission and Police protection for conducting 'Kabadi Tournament' at Perumalpuram, Petthanadarpatti Village, Tenkasi Taluk, Tirunelveli District on 2/11/2014, through 'Registered Post' based on his application dated 18/10/2014. 3. Per contra, it is the submission of the Learned Additional Government Pleader appearing on behalf of the Respondents that if permission to conduct 'Kabadi Tournament' is granted, then there is a possibility of communal clash at Tirunelveli District and also, there will be a cropping up of Law and Order problem. 4. This Court has heard the Learned Counsel appearing for the Petitioner and the Learned Additional Government Pleader appearing for the Respondents and noticed their contentions. 5. It transpires that this Court in W.P.(MD) No.14229 of 2013 and M.P.(MD) No.1 of 2013 dated 26/8/2013, in paragraph Nos.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 31/8/2013 at 06.00 p.m to 1/9/2013 to 2.00 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).
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 31/8/2013 at 06.00 p.m to 1/9/2013 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 30/8/2013.” 7. In view of the fact that the Petitioner has sought for permission and Police protection to conduct 'Kabadi Tournament' by the Friends Star Kabaddi Club which is going to take place on 2/11/2014 between 06.00 p.m and 02.00 a.m., subject to the following conditions. (i). The Petitioner and the Organisers of the Event Committee should ensure that sufficient medical facilities are available at the venue of 'Kabadi Tournament'. (ii). There should not be any kind of play or recital of communal songs praising any particular 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 2/11/2014 between 06.00 p.m., and 02.00 a.m. (v). It is also open to the Second Respondent/Inspector of Police, Pavoorchathiram Police Station, Tirunelveli District to impose any other reasonable restrictions for the peaceful and orderly conduct of 'Kabadi Tournament' in public interest and to ensure public tranquillity. (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).
(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/Inspector of Police, Pavoorchathiram Police Station, Tirunelveli District for the conduct of 'Kabadi Tournament' in question (if the same is legally required) and in this regard, the Petitioner/Organisers 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 2/11/2014 between 06.00 p.m., and 02.00 a.m. (viii). It is made clear that if the Petitioner/organisers violates/violate any of the conditions imposed by this Court, then the Second Respondent/Inspector of Police, Pavoorchathiram Police Station, Tirunelveli 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. No costs.