M/S.Pss Sports And Recreation Club, v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.08.2019
CORAM:
THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No.22495 of 2019 M/s.PSS Sports and Recreation Club, represented by its President, Mr.P.Suresh Kumar, Thiruvangoundanur (East) Salem, Suramangalam, Salem - 636 005.
... Petitioner -vs1.The Superintendent of Police, District Police Office, Neethimedu, Salem - 636 002.
2.The Assistant Commissioner of Police, Suramangalam Main Road, Subramania Road, Suramangalam, Salem 636 005.
3.The Inspector of Police, Suramangalam Police Station, Suramangalam Main Road, Subramania Nagar, Suramangalam, Salem 636 005.
4.The District Registrar (Admin), Registrar of Societies (AIG Cadre), District Registrar Office, Salem West, Salem District.
[R4-Suo motu impleaded on 27.08.2019] ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Third Respondent not to disturb the Petitioner club frequency under guise of inspection and consider the representation dated 08.07.2019. For Petitioner : Mr.S.Jebadass Pandian
For Respondents: Mr.E.Neelakandan, Government Advocate for R1 to R3 Mr.T.M.Pappiah, Special Government Pleader for R4.
O R D E R
Heard Mr. S. Jebadass Pandian, Learned Counsel for the Petitioner, Mr. E. Neelakandan, Learned Government Advocate appearing for the First to Third Respondents and Mr. T.M.Pappiah, Learned Special Government Pleader (Registration) appearing for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Writ Petition has been filed for a direction to the Third Respondent not to disturb the Club of the Petitioner frequently under guise of inspection and consider the representation dated 08.07.2019 made by the Petitioner. 3.
Since it is represented by the Learned Counsel for the Petitioner that the Petitioner is a Society registered under the Tamil Nadu Societies Registration Act, 1975, The District Registrar (Administration), Registrar of Societies (AIG Cadre), District Registrar Office, Salem West, Salem District is suo motu impleaded as the Fourth Respondent in the Writ Petition.
4.
It is informed by the Learned Special Government Pleader (Registration) appearing for the Fourth Respondent, on instructions, that the Club, which was formed on 01.04.2019, has been registered on 02.05.2019. 5.
Learned Government Advocate appearing for the First to Third Respondents relying on the decision of this Court in Director General of Police, Chennai -vs- S. Dillibabu (order dated 06.10.2017 in W.A. No. 296 of 2013), submits that the relief sought by the Petitioner in the Writ Petition has the effect of preventing the police personnel from doing their lawful duty, which cannot be granted. He further submits that that the Petitioner has not produced the copy of any license issued under Section 3 of the Tamil Nadu Public Buildings (Licencing) Act, 1965, for running the Club in the building and in the absence thereof, they cannot be entitled to the relief sought in the Writ Petition. In this regard, reliance is placed on the
decision of the Division Bench of this Court in I. Mohammed Razvi -vs- District Collector, Madurai (order dated 12.12.2017 in W.P. (MD) Nos. 23753, 20775 and 2188 of 2016 and W.P. (MD) No. 12915 of 2017).
6.
Having regard to the aforesaid submissions made by the Respondents, during the earlier hearing on 19.08.2019, Learned Counsel for the Petitioner sought time to produce a copy of the requisite licence along with annual statements and audited accounts of the Club of the Petitioner from the time of its inception.
7.
When the matter is taken for hearing today, Learned Counsel for the Petitioner submits that the Petitioner has not obtained the requisite licence under Section 3 of the Tamil Nadu Public Buildings (Licencing) Act, 1965, for running the club in the building.
8.
It is a well settled legal position that a mere contemplation or possibility that a right may be infringed without any legitimate basis for that right, would not give rise to a cause of action. In such circumstances, the question of granting the relief sought by the Petitioner in the Writ Petition does not arise for consideration. 9.
In view of the aforesaid legal position coupled with the facts of this case, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioner to apply and obtain such licence for running Club in the building and leave it open to the Petitioner to work out his remedies in that regard, and he has made an endorsement to that effect, which is recorded.
10.
Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rkp
To 1.The Superintendent of Police, District Police Office, Neethimedu, Salem - 636 002.
2.The Assistant Commissioner of Police, Suramangalam Main Road, Subramania Road, Suramangalam, Salem 636 005.
3.The Inspector of Police, Suramangalam Police Station, Suramangalam Main Road, Subramania Nagar, Suramangalam, Salem 636 005.
4.The District Registrar (Admin), Registrar of Societies (AIG Cadre), District Registrar Office, Salem West, Salem District.
+1 cc to Government Pleader Sr.No. 74028 W.P. No. 22495 of 2019 A.SK(18/09/2019)