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2023 DIGILAW 1868 (MAD)

Y. Periyadurai v. Superintendent of Police, Thoothukudi

2023-05-04

R.THARANI

body2023
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission and necessary protection to conduct Kabadi (AMC sports academy) competition scheduled to be held on 19.05.2023 and 20.05.2023) for Arulmigu Shri Kaliyamman Temple Festival situated at Kooslipatty(Poosaripatty), Kovilpatti Taluk, Thoothukudi District based on the petit1oner''s representation dated 15.04.2023 and 02.05.2023) 1. This writ petition has been filed to direct the respondents to grant permission and necessary protection to conduct Kabadi (AMC sports academy) competition scheduled to be held on 19.05.2023 and 20.05.2023 for Arulmigu Shri Kaliyamman Temple Festival situated at Kooslipatty(Poosaripatty), Kovilpatti Taluk, Thoothukudi District based on the petit1oner''s representation dated 15.04.2023 and 02.05.2023. 2. M. Muthumanikkam, learned Government Advocate(Crl.side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3. The learned Government Advocate(Crl.side) appearing for the respondents would submit that they have been seeking permission to conduct the tournament for two days i.e., 19.05.2023 & 20.05.2023 and the time sought for conducting the tournament is in the day and night time also. He would further submit that they may be permitted to conduct the tournament on day time. 4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the tournament for two days i.e., 19.05.2023 from 08.00 a.m. to 08.00 p.m. And 20.05.2023 from 08.00 a.m. to 08.00 p.m. 5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Government Advocate(Crl.side) appearing for the respondents. 6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting programme. 7. 6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting programme. 7. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to file an undertaking affidavit incorporating the date and time of the Kabadi tournament before the second respondent and on such filing, the third respondent is hereby directed to consider the representation of the writ petitioner dated 15.04.2023 and 02.05.2023 and to permit the petitioner to conduct the tournament on 19.05.2023 and 20.05.2023 by imposing the following conditions based on the above said circular:- i) The tournament scheduled to he held should be completed within the time specified by the SHO according to the tournament ii) The organizers and other participants shall not shout, raise any slogan for or against any caste, community or creed; iii) The organizers shall ensure that no untoward incident is caused disturbing the public peace and tranquillity; iv) The organizers shall make provision for first aid arrangements properly and doctors wherever felt necessary. v) The participants of “Kabadi” tournament shall not wear any form of dress showing offending slogans or picture of any communal/caste leader which may cause disturbance; vi) Songs praising communal leader caste leader should not be played; vii) The organizers will ensure that no flex board or hoardings depicting particular caste, community or political leader will be displayed; viii) The participants of the tournament shall not consume any kind of intoxicating substance or liquor during the tournament ix) If there is any untoward incident, the organizers of the tournament be made responsible for the same. x) Organizers shall not erect any digital banners/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 of game. xii) 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 xiii) Similarly, stop the tournament, if it exceeds beyond the permitted time. xi) the function will be conducted in the spirit of game. xii) 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 xiii) Similarly, stop the tournament, if it exceeds beyond the permitted time. xiv) organizers shall have to obtain all other required permissions from the authorities concerned xv) SHO shall put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity, so as to maintain law and order and communal harmony”. 8. With the above directions, this Writ Petition stands allowed. No costs.