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T.Thanasingh vs The Superintendent Of Police

Madras High Court|06 November, 2017

JUDGMENT / ORDER

This Writ Petition is filed for issuing a Writ of Mandamus, directing the second respondent herein to grant permission for conducting ?Kabadi? Tournament, at Kalloorani Village, Tirunelveli District, from 11.11.2017 at 10.00 p.m., to 12.11.2017 at 10.00 a.m., based on the petitioner's representation, dated 24.10.2017.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3.The learned counsel for the petitioner submitted that the villagers jointly decided to conduct ?Kabadi? tournament on 11.11.2017 and 12.11.2017 at Kalloorani Village, Tirunelveli District. In this connection, a representation was given to the respondents on 24.10.2017, with a request to grant permission to conduct the tournament on the above said date, however, the respondents have 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? Tournament is conducted in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.
4.The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that this Court may grant permission for conducting ?Kabadi? Tournament, subject to stringent conditions.
5. Considering the facts and circumstances of the case, the Writ Petition is disposed of with the following directions:
The second respondent/Sub Inspector of Police, Pavoorchatram Police Station, Tirunelveli District, is directed to consider the representation of the petitioner, dated 24.10.2017 and to give permission and to provide police protection for conducting ?Kabadi? tournament scheduled to be held from 11.11.2017 at 10.00 p.m., to 12.11.2017 at 10.00 a.m., at Kalloorani Village, Tirunelveli District, subject to the following conditions:-
i) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed.
ii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity.
iii) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue.
iv) 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.
v) Songs praising communal leader or having communal overtones should not be played.
vi) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed.
vii) There should not be any Flex Boards representing any community or political leaders;
viii) 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;
ix) Similarly, the Police is empowered to stop the Kabadi tournament , if it exceeds beyond the permitted time.
x) the participants of the tournament shall not intake any kind of toxic substance or liquor during the tournament;
xi)If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same;
xii)The respondent concerned is directed to issue necessary permission, incorporating the above conditions.
xiii) The Refree must be authorized person from the District Association.
6. The second respondent is at liberty to 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. There can be a total ban for putting up any Flex Boards representing any community. No costs.
To
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
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Title

T.Thanasingh vs The Superintendent Of Police

Court

Madras High Court

JudgmentDate
06 November, 2017