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2017 DIGILAW 2624 (MAD)

M. Kathiravan v. Inspector of Police, Lalgudi Police Station, Lalgudi, Trichy District

2017-08-11

S.S.SUNDAR

body2017
ORDER : This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, to direct the respondent to grant permission to the petitioner to conduct the Kabadi event on 14.08.2017 at 10.00 AM at Mandhai Thidal of L.Abisekapuram, Lalgudi Taluk, Trichy District as per the petitioner's representation dated 08.08.2017. 3. The learned counsel for the petitioner would submit that the villagers jointly decided to conduct the Kabadi tournament on 14.08.2017 at 10.00 a.m. at Mandhai Thidal of L. Abisekapuram, Lalgudi Taluk, Trichy District. In this connection, a representation was given to the respondent police, with a request to grant permission to conduct the tournament on the above said date, however, the respondent Police has not considered the request of the petitioner and hence, the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner further submitted that as the Kabadi is conducted in a peaceful manner by the villagers, there will be no untoward incident by the people of the village. 4. The learned Government Advocate appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such tournament. 4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 5. Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents, this Court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct Kabadi tournament on the above said dates. 6. Accordingly, the Writ Petition is disposed of with the following directions: The respondent/Inspector of Police, Lalgudi Police Station, Trichy District, is directed to consider the representation of the petitioner, dated 08.08.2017 and to give permission and to provide police protection for conducting “Kabbadi Tournament” at Mandhai Thidal of L.Abisekapuram, Lalgudi Taluk, Trichy District, scheduled to be held on 14.08.2017 at 08.00 p.m. subject to the following conditions; (i) The Kabadi tournament at Mandhai Thidal of L.Abisekapuram, Lalgudi Taluk, Trichy District, scheduled to be held on 14.08.2017 at 10.00 am. (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 tranquillity. (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) No flex boards in support of any political party or religious leader be erected. (ix) If there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance; (x) Similarly, the Police is empowered to stop the Kabadi tournament, if it exceeds beyond the permitted time. (xi) the participants of the tournament shall not intake any kind of toxic substance or liquor during the tournament; (xii) If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same; (xiii) The respondent concerned is directed to issue necessary permission, incorporating the above conditions. (xiv) The Refree must be authorized person from the District Association. 6. The respondent concerned is directed to issue necessary permission, incorporating the above conditions and ensure the observance of the conditions to maintain public order and tranquillity. It is open to the respondent to take appropriate action in the event of non-observance of the conditions stipulated. 7. The petitioner shall pay a cost of Rs.1000/- (Rupees One Thousand only) to the credit of the Hon’ble the Chief Justice relief fund, Madurai Bench of Madras High Court, Madurai, by today before 4.30 pm, failing which the order copy shall not be furnished today. No costs.