N.V.S.S. Kabadi Club vs The Inspector of Police

M. Venugopal, J.—Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent.

According to the petitioner, he is the President of Nadar Valibar Seva Sangam (NVSS) at Mangudi, Karivalamvanthanallur, Tirunelveli. It appears that during the month of November, every year, they celebrate Pongal Festival for the village deity and they organize Kabadi Tournament among their community people, who reside in and around their village. For the past 17 years, they have been conducting the Kabadi Tournament. Nearly 25 to 30 teams will participate in the said tournament.

The petitioner made an application on 04.11.2014 before the respondent seeking permission for conducting the Tournament and also to provide protection and permission for installing lights for the day and night Kabadi Tournament which is scheduled to be held on 22.11.2014 and 23.11.2014. The owner of the light and sound system has also submitted his application on 04.11.2014. Till date the permission sought for in the subject matter in issue has not been granted by the respondent police.

At this stage, this Court reference to the order passed in W.P.(MD).No. 14229 of 2013 and M.P.(MD).No. 1 of 2013, dated 26.08.2013, 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;

The Inspector of Police, Seithur Police Station, Seithur, Virudhunagar District, is directed to issue permission incorporating the above conditions positively by 5.00 p.m. On 30.8.2013.

In view of the fact that the petitioner is desirous of conducting the Kabadi Tournament on 22.11.2014 and 23.11.2014 and also this Court taking note of the fact that the petitioner''s representation/application dated 04.11.2014 is pending before the respondent as on date and also this Court bearing in mind yet another important fact that this Court had already granted permission in W.P.(MD).No. 14229 of 2013 and M.P.(MD).No. 1 of 2013, dated 26.08.2013 to the petitioner therein to conduct the Kabadi Tournament subject to the conditions imposed therein, this Court, in the present writ petition also grants permission to the petitioner to conduct the Kabadi Tournament /competition on 22.11.2014 and 23.11.2014 at Mangudi Village, Karivalamvanthanallur, 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 at Mangudi Village, Karivalamvanthanallur, Tirunelveli between 6. 00 p.m. to 6.00 a.m.

(v) It is open to the Respondent/The Inspector of Police, Karivalamvanthanallur Police Station, 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 third 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 Respondent/The Inspector of Police, Karivalamvanthanallur Police Station, Tirunelveli 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 Respondent to submit necessary application and on receipt of the said application, the respondent is directed to accord permission for the orderly conduct of the Kabadi Tournament in question for the events on 22.11.2014 and 23.11.2014 between 6.00 p.m. to 6.00 a.m.

It is made clear that if the Petitioner/organizers violates/violate any of the conditions imposed by this Court, then the respondent/Inspector of Police, Karivalamvanthanallur Police Station, Tirunelveli District without any hesitation is directed to step in and put an end to such Tournament.

With the aforesaid directions, the Writ Petition stands disposed of. No costs.