M/S.Krishnagiri Manavala Kalai Sangam v. The Suerintendent Of Police,
2024:MHC:2623
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH & W.M.P.No.19531 of 2024 M/s.Krishnagiri Manavala Kalai Sangam, Rep. by its President, Mr.Nagaraj, Having office at No:96, Gandhi Road, Krishnagiri Town, Krishnagiri District.
.. Petitioner vs 1.The Superintendent of Police, Krishnagiri, Krishnagiri District.
2.The Deputy Superintendent of Police, Krishnagiri, Krishnagiri District.
3.The Inspector of Police Krishnagiri Town Police Station, Krishnagiri District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to permit the petitioner to reopen his club and their club members from playing indoor and outdoor games, including the card game of rummy, within the premises of my Sangam (Club), and not to interfering with the day-to-day affairs of my club, namely M/s. Krishnagiri Manavala Kalai Sangam, bearing No:96, Gandhi Road, Krishnagiri Town, Krishnagiri District, based on my last representation dated 09.04.2024. For Petitioner :
Ms.Selvirajesh For Respondents :
Mr.S.Vinoth Kumar Government Advocate (Crl.side) 1/4
ORDER
This writ petition has been filed by the Krishnagiri Manavala Kalai Sangam ('sangam/club').
2. According to petitioner, the club provides for various indoor and outdoor sports activities, including rummy. She reiterates that no gambling takes places in the premises, however, acceding to the fact that several FIRs have been filed over the years in connection with the activities in the club, and also referring to other litigation, such as Crl.O.P.'s and writ petitions filed by the club.
3. The writ affidavit further reveals the existence of various contentious issues, which, this Court is not inclined to even advert to at this stage. Suffice it to say that, the club was closed down paving the way for the present writ petitioner seeking a mandamus to the respondents to permit the petitioner to re-open the club and conduct its activities.
4. Mr.S.Vinoth Kumar, learned Government Advocate (Crl.Side), accepts notice for the the respondents and he would object to various averments and allegations that have been made in the writ affidavit. For his part he would state that the premises of the club were being put to use for undesirable activities which is the reason why there was action taken by the police to curb the same.
5. Clearly, there are several disputed facts involved. Since the petitioner has presently made a representation, which is pending before 2/4
the authorities, it is appropriate that those authorities look into the rival contentions of the parties. Hence, it would suffice to issue mandamus to R3 / the Inspector of Police, Krishnagiri Town Police Station, Krishnagiri to take the matter up for adjudication.
6. R3 will cause a detailed enquiry, both in the club premises itself as well as with the residents in the neighbourhood and other relevant sources, ascertain true facts in regard to the operation of the club and activities conducted therein, and dispose representation of the petitioner, in accordance with law, after hearing the petitioner as well as any others deemed necessary. This exercise will be carried out within a period of six weeks from date of receipt of a copy this order.
7. Writ petition stands disposed in terms of this order. No costs. Connected miscellaneous petition is closed.
05.07.2024 Index:Yes/No ssm To 1.The Superintendent of Police, Krishnagiri, Krishnagiri District.
2.The Deputy Superintendent of Police, Krishnagiri, Krishnagiri District.
3.The Inspector of Police Krishnagiri Town Police Station, Krishnagiri District.
3/4
DR. ANITA SUMANTH,J.
ssm 05.07.2024 4/4