Judgment:
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2014 CORAM THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.18215 of 2014 V.Pandaram Son of Velchamy Pandiyan Panchayat President, Sundarapandiyapuram, Tenkasi Taluk, Tirunelveli District..Petitioner Vs 1.The Deputy Superintendent of Police, Tenkasi, Tirunelveli District.
2.The Inspector of Police, Achanpudur Police Station, Achanpudur, Tenkasi Taluk, Tirunelveli District.
3.The Sub-Inspector of Police, Sampavarvadakarai Police Station, Sampavarvadakarai, Tenkasi Taluk, Tirunelveli District..Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceeding passed by the second respondent dated 9.11.2014 and to quash the same and consequently to direct the second respondent to grant permission and necessary protection to perform the Minnoli Kapadi Vilayattu Vizha Programmeon 22.11.2014 and 23.11.2014 in the eve of ?.Minnoli Kapadi Vilayattu Vizha' festival at Molavathalkalam near Rice Mill in Thattankulam, Sundarapandiyapuram Village, Tenkasi, Tirunelveli District.
!For Petitioner :M/s.P.T.Thiraviam For Respondents :Mr.V.Muruganandam Addl.Govt.Pleader :ORDER
Heard both sides.
2.The Petitioner is the Panchayat President of Sundarapandiyapuram, Tenkasi Taluk, Tirunelveli District.
Now he is arranging for 'Minnoli Kabadi Vilayattu Vizha' for the villagers on 22.11.2014 and 23.11.2014 at Molavathalkalam near Rice Mill in Thattankulam, Sundarapandiyapuram.
The said festival is celebrated by all sections of community people.
3.The Petitioner had approached the Second Respondent and sought permission to conduct the Kabadi Festival on question on 22.11.2014 and 23.11.2014 at Molavathalkalam near Rice Mill in Thattankulam, Sundarapandiyapuram, Tirunelveli District.
He also sent a representation to the Second Respondent on 8.11.2014 to provide permission and Police Protection to the said 'Minnoli Kabadi Vilayattu Vizha' Festival.
However, the second respondent refused to grant permission by order, dated 9.11.2014.
Since the Second Respondent had refused permission to the Petitioner for conducting the Kabadi Festival on 22.11.2014 abd 23.11.2014, he has filed the present Writ Petition before this Court.
4.Per contra, the learned Additional Government Pleader for the Respondents 1 to 3 submits that the Petitioner lodged a petition at S.V.Karai Police Station on 9.11.2014 seeking permission to conduct 'Minnoli Kabadi Vilayattu Vizha' at Molavathalkalam, near Rice Mill in Thattankulam, Sundarapandiyapuram,Tenkasi Taluk, Tirunelveli District and to provide police protection.
However, due to the prevailing law and order problem and after analyzing the circumstances, it comes to be known that more number of criminal cases were reistered from the year 2012 since there was communal and caste problem.
Also, during the current year there was problem among the Nadar community people on 23.10.2014 in which separate cases were registered in S.V.Karai Police Station in Cr.No.219 of 2014 under Sections 147, 148, 341, 294(b).323, 324 and 506(ii) IPC and in Cr.No.220 of 2014 under Sections 294(b).323, 506(ii) IPC.
Further-more, all these incidents had taken place in the same village.
To maintain communal harmony and to put off the counter clashes, 107 Cr.P.C is also initiated on 24.10.2014 in S.V.Karai Police Station in Crime No.220 of 2014.
Also that in Cr.No.32 of 2012 a criminal case under Sections 294(b) and 323 IPC and in Cr.No.33 of 2012 under Sections 341, 294(b).323 and 506(ii) IPC and in Cr.No.84 of 2013, a case under Section 107 Cr.P.C were registered.
5.
Apart from the above, it is represented on behalf of the Respondents that during the conduct of Kabadi Match in the villages or during temple festival, the public usually get drunk and even develop a small issue under the guise of communal name.
As such, permission to conduct the Kabadi Match in the Village was rejected by the Police.Also that if permission for conduct of Kabadi Tournament is granted, then there is a possibility for cropping up of law and Order problem and hence the Second Respondent has rejected the permission through communication dated 09.11.2014.
6.At this juncture, this Court refers to the order passed by this Court in W.P(MD)No.14229 of 2013 and M.P(MD)No.1 of 2013, dated 26.8.2013, whereby and whereunder, it is observed and held as follows: ?.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 6.00 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)The said Kabadi Tournament should be restricted on 31.8.2013 at 6.00 p.m.To 1.9.2013 at 2.00 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 theabove conditions positively by 5.00 p.m.On 30.8.2013.?.
7.In view of the fact that the impugned order dated 9.11.2014 of the Second Respondent had referred to the filing of earlier criminal cases between two communities etc.this Court is of the considered view that they do not have any direct bearing to the conduct of Kabadi Competition on 22.11.2014 and 23.11.2014 respectively as opined by this Court.
Viewed in that perspective, this Court quashes the impugned order dated 9.11.2014 passed bythe Second Respondent.
8.Because of the fact that the Petitioner is said to be the panchayat President of Sundarapandiyapuram Panchayat, Tenkasi Taluk, Tirunelveli District and is desirous of conducting the Kabadi Competition on 22.11.2014 and 23.11.2014 and this Court taking note of the fact that on an earlier occasion, this Court had already granted permission in W.P(MD)No.14429 of 2013 on 26.8.2013 to the Petitioner therein to conduct the Kabadi Competition subject to the conditions imposed therein, this Court in the interest of justice, sets aside the impugned proceedings passed by the second respondent dated 09.11.2014 and grants permission to the Petitioner to conduct the Kabadi Competition to be held on 22.11.2014 and 23.11.2014 at Molavathalkalam, near Rice Mill in Thattankulam, Sundarapandiyapuram, Tenkasi Taluk, Tirunelveli District subject to the following conditions: i)The Petitioner should ensure that the adequate/requisite medical facilities are provided or made available at the venue of Kabadi Tournament; ii)There should not be any kind of play or recital of communal songs praising any particular communal 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 22.11.2014 and 23.11.2014 between 6.00 p.m.To 6.00 a.m.v)It is open to the Second Respondent/The Inspector of Police,Achanpudur Police Station, Achanpurdur, Tenkasi Taluk, Tirunelveli District to impose any other reasonable restrictions for the peaceful and orderly conduct of the kabadi tournament in public interest with a view to ensure public tranquility.
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/The Inspector of Police, Achanpudur Police Station, Achanpudur, Tenkasi Taluk, Tiruenelveli District for the conduct of the Kabadi Tournament in question(if the same is legally required) and in this regard, the Petitioner/the Organizers has to approach the Second Respondent 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 tounament in question for the events on 22.11.2014 and 23.11.2014 respectively between 6.00 p.m.To 06.00 a.m.6.It is made clear if the Petitioner/organizers violates/violate any of the conditions imposed by this Court, then the second respondent/Inspector of Police, Achanpudur Police Station,Achanpudur, Tenkasi Taluk, Tirunelveli District is without any hesitation is directed to step in and put an end to such tournament.
9.With the aforesaid directions, this Writ Petition stands allowed.
Consequently, theorder dated 9.11.2014 passed by the Second Responddent is quashed.
No costs.
19.11.2014 Index : yes/No Internet:Yes/No versus To 1.The Deputy Superintendent of Police, Tenkasi, Tirunelveli District.
2.The Inspector of Police, Achanpudur Police Station, Achanpudur, Tenkasi Taluk, Tirunelveli District.
3.The Sub-Inspector of Police, Sampavarvadakarai Police Station, Sampavarvadakarai, Tenkasi Taluk, Tirunelveli District.
M.VENUGOPAL,J versus W.P(MD)No.18215 of 2014 19.11.2014