The Country Recreation v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.NO.27194 OF 2021 The Country Recreation Club of Erode District Represented by its President T.M. Santhosh Having office at Door No.14/367, Pattarimedu, Moolavaikkal, Sathy Main Road, Alahu Kizhi, Gobichettipalayam Taluk, Erode District - 638 476.
... Petitioner
Versus
1. The Superintendent of Police, Office of the Superintendent of Police, Erode District.
2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Gobichettipalayam Sub Division, Erode District.
3. The Inspector of Police Kadathur Police Station, Erode District.
... Respondents PRAYER:
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents, their men, agents and officials from in any manner interfering and disturbing with the day to day affairs of business and other lawful activities at the premises of petitioner club viz. The Country Recreation Club of Erode District situated at Door No.4/367, Pattaraimedu, Moolavaikkal, Sathy Main Raod, Alahu Kizhi, Gobichettipalayam Taluk, Erode District - 638 476 or the right of the members of the petitioner club to avail the facilities provided as stated in the Memorandum of Association including for playing or rummy cards not involving any element of money or gambling.
For Petitioner : Mr.R.Prabakar For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
This petition has been filed to forbear the respondents, their men, agents and officials from in any manner interfering and disturbing with the day to day affairs of business and other lawful activities at the premises of petitioner club viz. the Country Recreation Club of Erode District situated at Door No.4/367, Pattaraimedu, Moolavaikkal, Sathy Main Raod, Alahu Kizhi, Gobichettipalayam Taluk, Erode District - 638 476 or the right of the members of the petitioner club to avail the facilities provided as stated in the Memorandum of Association including for playing or rummy cards not involving any element of money or gambling.
2. The contention of the petitioner is that the petitioner-Club was formed with the object to promote indoor and outdoor games to the Students and all the general public. However, the respondent Police Officials frequently entering the Club under the guise of inspection and causing disturbance. Hence, he made representations to the Superintendent of Police and Inspector of Police, Kadathur Police Station on 07.09.2021, but no action has been taken so far.
3. The learned Additional Public Prosecutor submits that the petitioner's representation is not available with the respondent Police.
4. In view of the same, the petitioner is directed to appear in person and submit a copy of his representation dated 07.09.2021 to the Superintendent of Police and to the Inspector of Police, Kadathur Police Station. The Superintendent of Police, shall consider his representation and dispose of the same within a period of four weeks from the date of receipt of his representation.
5. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dna
To
1. The Superintendent of Police, Office of the Superintendent of Police, Erode District.
2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Gobichettipalayam Sub Division, Erode District.
3. The Inspector of Police Kadathur Police Station, Erode District.
4. The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Prabakar, Advocate, S.R.No.4636 W.P.No.27194 of 2021 PCH(CO) PM/10/02/2022