Sri Vaari Recreation Club v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI SRI VAARI RECREATION CLUB, Regn. Sl.No.95/2019, Rep by its President K.Periyannan, 504 Mettur - Bavani Main Road, Jalakandapuram - Padavalkaalvai, Near Ammapet, Bavani Taluk, Erode District - 638 011.
... Petitioner Vs.
1.The Collector, Erode District, Erode.
2.The Superintendent of Police, Office of the Superintendent of Police, Erode, Erode District.
3.The Deputy Superintendent of Police, Bhavani, Erode District.
4.The Inspector of Police, Ammapettai Police Station, Erode District.
... Respondents Page No.1 of 6
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from in any manner interfering with the affairs of the petitioner's Club viz., SRI VAARI RECREATION CLUB, Regn. in Sl.No.SRG/ERODE/95/2019, No.504, Mettur - Bavani Main Road, Jalakandapuram - Padavalkaalvai, Near Ammapet, Bavani Taluk, Erode District - 638 011. For Petitioner : Mr.V.Elangovan For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) *****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to forbear the respondents from in any manner interfering with the affairs of the petitioner's Club viz., SRI VAARI RECREATION CLUB, Regn. in Sl.No.SRG/ERODE/95/2019, No.504, Mettur - Bavani Main Road, Jalakandapuram - Padavalkaalvai, Near Ammapet, Bavani Taluk, Erode District - 638 011.
2. It is the case of the petitioner that, he is the president of Sri Vaari Recreation Club, which is registered under the Societies Registration Act u/s 10 of the Tamil Nadu Act 27 of 1975 and the registration number is Sl.No.SRG/ERODE/95/2019 dated 12.07.2019. Page No.2 of 6
The members of the association are actively taking part in recreation activities and social activities and the members play indoor games, namely Chess, Carom, Table Tennis, Cards particularly Rummy for recreation purpose without any stakes. However, the respondents 3 and 4 are frequently interfering with the activities of the club under the guise of conducting raid. In this regard, the petitioner made a representation dated 11.03.2024 and in spite of receipt of the same, interference continues and hence, the petitioner has come forward with this writ petition.
3. The learned counsel for the petitioner, on instructions, submitted that no illegal or unlawful activities take place while conducting club activities and therefore, the respondents 3 and 4 cannot interfere with the club activities. Further, he submitted that, it would suffice, if this Court issues a direction to the respondents not to interfere with the activities of the club except due process of law.
4. Heard Mr.V.Elangovan, learned counsel appearing for the petitioner and Mr.S.Udaya Kumar, learned Government Advocate Page No.3 of 6
(Crl.Side), who took notice for the respondents.
5. Considering the facts and circumstances of the case, this Court is inclined to dispose of the writ petition with the following observations and directions :- (i) The petitioner club shall not indulge in any activity by allowing its members or the guests to play rummy (13 cards) with stakes and make profit or gain; (ii) The respondents police shall not, as a matter of routine and without any basis, conduct any raids and interfere with the activities of the petitioner club; (iii) In the event of any illegal activity is carried on in the petitioner club and if any complaint is made that illegal or unlawful activities has taken place inside the club, it is open to the respondents police to enter and inspect the premises of the club and take suitable action in accordance with law;
(iv) If the petitioner is aggrieved by the action of the respondents police, he is at liberty to workout the remedy in the manner known to law.
6. Accordingly, the writ petition is disposed of. No costs. Page No.4 of 6
01.04.2024 Index : Yes / No Speaking order / Non-speaking order NCC : Yes / No sp To 1.The Collector, Erode District, Erode.
2.The Superintendent of Police, Office of the Superintendent of Police, Erode, Erode District.
3.The Deputy Superintendent of Police, Bhavani, Erode District.
4.The Inspector of Police, Ammapettai Police Station, Erode District.
5.The Public Prosecutor, High Court of Madras.
Page No.5 of 6
M.DHANDAPANI, J.
sp 01.04.2024 Page No.6 of 6