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Madras High CourtWP/1001/2021dismissed

Sri Saibaba Tharamangalam Sports And Recreation Club v. The Superintendent Of Police

2024-02-02Honourable Mr Justice S.M. Subramaniam6 pages

2024:MHC:6105

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02-02-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM M/s.Sri Saibaba Tharamangalam Sports and Recreation Club, Represented by its President, K.Rajendran, M1388, Door No.5-67/5, 13/3-231-1, Sundariyer Kadu, Kurkupatti Village, Salem District.

.. Petitioner -vs1.The Superintendent of Police, District Police Office, Neethimedu, Salem-636 002.

2.The Deputy Superintendent of Police, Salem-636 455.

3.The Inspector of Police, Tharamangalam Police Station, Salem-636 502.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents, their men, agents, from interfering with the peaceful conduct of the petitioner's Club in the name and style of "M/s.Sri Saibaba Tharamangalam Sports and Recreation Club" having an office at Door No.5-67/5, 13/-3-2311, Sundariyer Kadu, Kurkupatti Village, Omalur Taluk, Salem District, based on the petitioner's representation dated 20.11.2020. For Petitioner :

Mr.Kaushik for Mr.R.Ragavendran For Respondents :

Mr.G.Ameedius, Government Advocate.

O R D E R

The Writ of Mandamus has been filed to forbear the respondents, their men/agents from interfering with the peaceful conduct of the petitioner-Club.

2. The petitioner is Sri Saibaba Tharamangalam Sports and Recreation Club.

3. The main grievance of the petitioner-Club is that the respondent-Police Authorities are interfering with their lawful activities. No doubt, the petitioner-Club is entitled to conduct sports activities as per the license granted to them. But, the Police Authorities are empowered to conduct inspection in the event of any information regarding illegal activities or commission of offences inside the petitioner-Club premises.

4. The powers conferred on the Police Authorities under law is to be exercised in the event of receiving any information or knowledge about any illegal activities or commission of offences inside the petitionerClub premises.

5. Mr.Kaushik, learned counsel for the petitioner, would submit that the petitioner-Club is conducting only sports activities. Mere statement in this regard would not be sufficient to arrive a conclusion. However, the

relief, as such, sought for in the present writ petition to prevent the Police Authorities from performing their duties, cannot be granted by this Court in the writ proceedings.

6. Therefore, the respondents are directed to conduct periodical inspection in the petitioner Club premises and also the other Clubs of this nature, in Salem District and in the event of any illegality or commission of offences, all necessary and stringent actions have to be initiated not only by registering criminal cases, but also to cancel the registration of licenses granted by coordinating with the other Authorities.

7. With the above directions, the present writ petition stands dismissed. However, there shall be no order as to costs. 02-02-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The Superintendent of Police, District Police Office, Neethimedu, Salem-636 002.

2.The Deputy Superintendent of Police, Salem-636 455.

3.The Inspector of Police, Tharamangalam Police Station, Salem-636 502.

S.M.SUBRAMANIAM, J.

Svn WP 1001 of 2021 02-02-2024