Tvt Manamagiz Manram v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.02.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.27606 of 2014 & M.P.No. 1 of 2014 TVT Manamagiz Manram rep. By its Secretary .. Petitioner Vs.

1.The Commissioner of Police Egmore, Chennai 600 008.

2.The Deputy Commissioner of Police H1, Old Washermenpet Chennai.

3.The Inspector of Police H8, Police Station Thiruvattiyur, Chennai 600 019.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus to forbear the respondents, their men, subordinates from interfering with the activities of the petitioner's club namely 'TVT Managaiz Manram' including playing of indoor games like carom, chess and 13 cards rummy in accordance with law at 93C, 48, T.S.Gopalann Nagar, First Street, Theeradi, Thiruvottyur, Chennai 600 019.

For Petitioner : Mr.D.J.Venkatesan For Respondents : Mr.R.Vijayakumar Addl. Government Pleader

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2.Heard Mr.D.J.Venkatesan, learned Counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondents.

3.The petitioner seeks for issuance of writ of mandamus to forbear the respondents, their men, subordinates from interfering with the activities of the petitioner's club namely 'TVT Managaiz Manram' including playing of indoor games like carom, chess and 13 cards rummy in accordance with law at 93C, 48, T.S.Gopalann Nagar, First Street, Theeradi, Thiruvottyur, Chennai 600 019. 4.The learned counsel for the petitioner submitted that the petitioner Manram is running a recreation club and conducting lawful activities and there is no illegality committed by them. In this regard, the learned counsel for the petitioner has referred to the various orders passed by this Court, and stated that unless and until irregularities are found, the affairs of the petitioner's club should not be interfered with.

5.Counter affidavit has been filed by the respondents, from which it is seen that the petitioner is yet to start its activities. The photographs of the premises in question have been produced before this Court, which shows that the area where the club is located is purely a residential area, very narrow street and it is a small premises. In this regard, the members of the residence association of that area have also requested the respondent Police not to grant any permission to locate the recreation club, since the area being purely a residential area and if permission is granted the children and ladies would not be in a position to freely move the area. Further, it is seen that the club in question has not yet commenced its activities and in this regard, the owner of the premises Mr. Srinivasan s/o late V.

Govindhan, has given letter dated 17.10.2014, stating that the club in question has not commenced its activities. 6.In the light of the fact that the area being purely a residential area, the question of granting permission to start a club in the said area cannot be granted and the relief sought for in the writ petition is not feasible for consideration. Accordingly, the Writ Petition fails and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

To 1.The Commissioner of Police Egmore, Chennai 600 008.

2.The Deputy Commissioner of Police H1, Old Washermenpet Chennai.

3.The Inspector of Police H8, Police Station Thiruvattiyur, Chennai 600 019.

1 cc to Mr. D.J.Venkatesan,Advocate, SR.No.9293 1 cc to Government Pleader,Sr.No8765 W.P. No. 27606 of 2014 jp(co) pmk.26.2.2015