M/S.Thanikasalam Nagar v. The Commissioner 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.23214 of 2019 and W.M.P. No.22899 of 2019 M/s.Thanikasalam Nagar Sports and Recreation Club Rep by its Secretary N.Mariappan, No.29, F Block, 7th Street, Thanikasalam Nagar, Ponniammanmedu, Chenni 600 110.

... Petitioner -vs1.The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2.The Deputy Commissioner of Police, Madhavaram District.

3.The Inspector of Police, M-1, Madhavaram Police Station, Chennai.

4.The District Registrar (Admin) and Registrar of Societies (AIG Cadre), District Registrar Office, North Madras, Chennai.

[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, forbearing the Respondents and his subordinates from any manner interfering or disturbing with the day to day affairs of the Petitioner's club situated at M/s.Thanikasalam Nagar Sports and Recreation Club, No.29, F block, 7th Street, Thanikasalam Nagar, Pooniammanmedu, Chennai 600 110.

For Petitioner : Mr.S.Sivanandam For Respondents : Mr.R.Venkatesh Government Advocate for R1 to R3 Mr.T.M.Pappiah, Special Government Pleader for R4.

O R D E R

Heard Mr. S. Sivanandam, Learned Counsel for the Petitioner, Mr. R. Venkatesh, 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 to forbear the Respondents and his subordinates from any manner interfering or disturbing with the day to day affairs of the club of the Petitioner situated at No. 29, F Block, VII Street, Thanikasalam Nagar, Pooniammanmedu, Chennai - 600 110.

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, North Madras, Chennai is suo motu impleaded as the Fourth Respondent in the Writ Petition. 4.

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. That apart, he submits 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).

5.

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.

6.

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.

7.

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.

8.

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. 9.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar rkp To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2.The Deputy Commissioner of Police, Madhavaram District.

3.The Inspector of Police, M-1, Madhavaram Police Station, Chennai.

4.The District Registrar (Admin) and Registrar of Societies (AIG Cadre), District Registrar Office, North Madras, Chennai.

+1cc to Mr.S.Sivanandam Advocate, S.R.No.75450 +1cc to the Government Pleader, S.R.No. 74031 RJI(CO) CB(18/09/2019) W.P.No.23214 of 2019