Bhavani Koodal Recreation Club v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Writ Petition No.2522 of 2024 Bhavani Koodal Recreation Club, Rep. by its President, P.Chellappan, No.612, 617, TAK Building, Mettur Road, Bhavani, Erode District - 638 301.
... Petitioner Vs.
1. The Superintendent of Police, Office of the Superintendent of Police, Erode District.
2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bhavani Sub-Division, Erode District.
3. The Inspector of Police, Bhavani Police Station, Erode District.
... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the third respondent in Na.Ka.No.01/Mike/D1 PS/2024, dated 09.01.2024 and quash the same and consequently direct the respondents
to grant permission to run the Bhavani Koodal Recreation Club which is situated at No.612, 617, TAK Building, Mettur Road, Bhavani, Erode District.
For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) - - - - -
ORDER
The present Writ Petition has been filed challenging the order passed by the third respondent in Na.Ka.No.01/Mike/D1 PS/2024, dated 09.01.2024 thereby rejecting the request made by the petitioner seeking permission to continue Club activities.
2. The petitioner's Club was registered under the provisions of Tamil Nadu Societies Registration Act, 1978, vide Sl.No.SRG/Erode/10/2019 and the registration of the Club has periodically been renewed. During the Covid-19 Pandemic period, the activities of the club were temporarily stopped based on the instructions of the respondents. After Covid-19, the petitioner made a request seeking permission to run the club activities. However, the third respondent has rejected the request made by the petitioner on the ground that the club is
situated near School, Hospital and Temple and further, there will be a possibility of law and order issue.
3. Admittedly, the petitioner was running the club till Covid-19 Pandemic period. After instructions, it was closed during the Covid-19 and subsequently, the petitioner sought for permission to reopen the club activities. The petitioner is running the club for its members by conducting indoor games/sports namely, chess, carom and playing cards, rummy, etc. Therefore, there will not be any law and order issue and there is no rival party. However, without considering the same, the third respondent has mechanically rejected the request of the petitioner seeking permission to run the club activities.
4. In view of the above, the third respondent is directed to permit the petitioner to run the club situated at No.612, 617, TAK Building, Mettur Road, Bhavani, Erode District, within a period of two (2) weeks from the date of receipt of a copy of this order. It is made clear that if the members of the petitioner indulge any illegal activities inside the club, the third respondent is at liberty to take an appropriate action against the petitioner in accordance with law.
5. With the above directions, this Writ Petition is allowed. There shall be no order as to costs.
21.02.2025 asi To
1. The Superintendent of Police, Office of the Superintendent of Police, Erode District.
2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bhavani Sub-Division, Erode District.
3. The Inspector of Police, Bhavani Police Station, Erode District.
G.K.ILANTHIRAIYAN, J.
asi Writ Petition No.2522 of 2024 21.02.2025