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2015 DIGILAW 128 (MAD)

Mohammed Asaruthin v. Superintendent of Police, Tirunelveli

2015-01-09

B.RAJENDRAN

body2015
JUDGMENT B. RAJENDRAN, J. 1. This writ petition has been filed by the petitioner seeking for a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 31.12.2014 in C.No.7/F30/Pro/2014 on the file of the 3rd respondent and quash the same as illegal and consequently for a direction, directing the respondents to grant permission and police protection to conduct "Kabaadi Match" on 10.01.2015 at Poolankudieruppu, Puliyarai Post, Senkottai Taluk, Tirunelveli District. 2. Mr. R. Karthikeyan, learned Additional Government Pleader, takes notice for the respondents and on instructions, submitted that the respondents police have no objection if the kabaadi tournament is conducted after Pongal festival. 3. By consent, the writ petition itself is taken up for final disposal. 4. Though the petitioner seeks quashing of the order passed by the third respondent vide C.No.7/F30/Pro/2014 whereby permission was refused and for a direction to the respondents to grant permission and police protection to conduct Kabadi Tournament to be conducted on 10.01.2015, learned counsel for the petitioner submits that it would be suffice if the respondent police grants permission and police protection to conduct Kabadi Tournament on 20.01.2015, Tuesday. 5. The learned Additional Government Pleader stated that as per the earlier order passed by this Court, necessary conditions to be imposed and time may also be restricted for conducting the Kabadi Tournament. 6. In fact, a Division Bench of this Court, in W.A. (MD) No. 67 of 2014, granted permission to conduct Kabadi Tournament by imposing certain conditions. Following the same, this writ petition is disposed of directing the third respondent to grant permission to the petitioner to conduct Kabadi Tournament on the following conditions: (i) The Kabadi Tournament is permitted to be held on 20.01.2015 between 08.00 a.m. to 06.00 p.m. only. (ii) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed. (iii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquility. (iv) The petitioner shall ensure proper first-aid arrangements by keeping one or two doctors in the venue. (v) The participants of Kabadi Tournament shall not wear any form of dress showing offending slogans or picture of any communal/political leader which may cause disturbance. (vi) Songs praising communal leader or having communal overtones should not be played. (iv) The petitioner shall ensure proper first-aid arrangements by keeping one or two doctors in the venue. (v) The participants of Kabadi Tournament shall not wear any form of dress showing offending slogans or picture of any communal/political leader which may cause disturbance. (vi) Songs praising communal leader or having communal overtones should not be played. (vii) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed. (viii) The petitioner shall donate a sum of Rs. 2,000/- (Rupees two thousand only) to The Blind School, Sundarajanpatti, Azhagarkoil Road, Madurai and payment of proof shall be produced before the third respondent. 7. It is also made clear that it is prerogative on the part of the organizers to make sure that there is doctor. Without the presence of doctor or necessary medical facilities, the third respondent shall not grant permission. No costs.