M/S.Heart Happy Foundations Recreation And Supports Club, Tirupattur, v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2023 CORAM :
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH M/s.Heart Happy Foundations Recreation and Sports Club, Tirupattur, represented by its Secretary, Mr.T.Thanigaiarasu, Door No.2/192, Pudur Poongulam Village, Jammanapudur Post, Tirupattur Taluk, Tirupattur District.
... Petitioner
Versus
1. The Superintendent of Police, Tirupattur.
2. The Deputy Superintendent of Police, Tirupattur Town, Tirupattur District.
3. The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents herein and the subordinate officials from in any manner interfering with the affairs of the petitioner's club namely M/s.Heart Happy Foundations Recreation and Sports Club (H-Help A-Actions P-Poor P-Peoples & YYoungsters) Tirupattur, to play indoor and outdoor games and play cards in the premises of the said club functioning at S.No.227/3B, Ground 1/4
Floor, Aneri Village, Rachamangalam Post, Tirupattur Taluk, Tirupattur District.
For Petitioner : Mr.D.Jagadeesan For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****
O R D E R
This writ petition has been filed for issuance of a writ of mandamus directing the respondent police not to interfere with the running of the petitioner club.
2. Heard Mr.D.Jagadeesan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.
3. Learned Additional Public Prosecutor submitted that no complaint has been received against the petitioner so far and hence, there is no occasion for the respondent police to interfere with the running of the club. Learned Additional Public Prosecutor also brought to the notice of this Court an earlier order passed in W.P.No.16835 of 2021 under similar circumstances on 08.09.2021 and for proper appreciation, the direction issued by this Court is extracted hereunder: 2/4
"5. In view of the above, the petitioner's club is permitted to allow play of rummy etc., games without any monitory benefit or any other gambling activities. Further, the petitioner is directed to install CCTV camera in the entrance of the club, so that the activities of the club can be recorded, and also directed to maintain attendance register with particulars of the members. The same to be produced as and when called for and sought by the 2nd respondent Police. The 2nd respondent Police can conduct surprise check without affecting normal functioning of the club activities and also take action if any illegal activities are found to be encouraged in the club."
This Writ Petition is also disposed of in the above terms. No costs. 27.07.2023 Note: Issue order copy by 31.07.2023 Index: Yes/No Speaking Order / Non-Speaking Order gm To
1. The Superintendent of Police, Tirupattur.
2. The Deputy Superintendent of Police, Tirupattur Town, Tirupattur District.
3. The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District.
4. The Public Prosecutor, High Court, Madras.
N.ANAND VENKATESH, J gm 3/4
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