The Mettupalayam Club v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.1193 of 2022 The Mettupalayam Club (Regd.6/84), Rep by its General Secretary N.Nachimuthu, M.S.R.Farm Campus, Sirumugai Road, Mettupalayam - 641 301.
... Petitioner
Versus
1.The Superintendent of Police, Coimbatore District (Rural), State Bank of India Road, Coimbatore.
2.The Inspector of Police, Mettupalayam Police Station, Coimbatore District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the Respondents from interfering with the day to day affairs of the Petitioner club without due process of law and without any reasonable basis, including the Petitioner's lawful cultural and recreational activities including playing of Rummy cards in its premises at M.S.R. Farm Campus, Sirumugai Road, Mettupalayam - 641 301.
For Petitioner : Mr.V.Ayyapparaja For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
O R D E R
This Writ petition is filed to forbear the respondents from in any manner interfering with the affairs of the petitioner's club, without due process of law and without any reasonable basis, including the Petitioner's lawful cultural and recreational activities including playing of Rummy cards in its premises without due process of law and without any reasonable basis, including the Petitioner's lawful cultural and recreational activities including playing of Rummy cards in its
premises at M.S.R. Farm Campus, Sirumugai Road, Mettupalayam - 641 301.
2.The learned counsel for the petitioner submitted that the petitioner formed Association on 13.01.1984 and got Registration Certificate as club on 30.01.1984 under the Tamil Nadu Societies Registration Act, 1975, with the Registrar of Societies, Uthagamandalam. The members of the club are respected and reputed personalities such as Industrialists, Doctors, Advocates, Police Officials and former Members of Legislative Assembly. In the interest of the club members, various indoor and outdoor games are being played. In the indoor games, apart from other sports, they are playing rummy games using playing cards without any monetary benefit or private motive. While being so, the club members apprehend that the 2nd respondent Police might get into the club at any time and will disturb the peaceful administration.
3.The learned Additional Public Prosecutor appearing on behalf of the respondents submitted that in this case, the club has been formed on 13.01.1984 and got registered on 30.01.1984. The petitioner had sent a representation to the 1st respondent on 09.11.2021 as though there is disturbance by the 2nd respondent Police. This Writ Petition has been filed on 03.01.2022. According to the respondents, the club is yet to commence its activities. The 2nd respondent Police not visited the club sofar and not caused any obstacle as stated by the learned counsel for the petitioner.
4.At this stage, the learned counsel for the petitioner submitted usual order in such petition may be passed and also produced the order copy in W.P.No.29293 of 2002, dated 12.08.2002, along with the typed set of papers. 5.In view of the above, the Superintendent of Police, Coimbatore, to consider the petitioner's representation and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.
6. Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sli
To 1.The Superintendent of Police, Coimbatore District (Rural), State Bank of India Road, Coimbatore.
2.The Inspector of Police, Mettupalayam Police Station, Coimbatore District.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Bharath Kumar, Advocate SR.No.5715 W.P.No.1193 of 2022 JP II(CO) GN(15/02/2022)