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Madras High CourtWP/28882/2022disposed of

Old Washermenpet Nehru Memorial Sports Club v. The Commissioner Of Police

2023-04-21Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2023

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN and W.M.P.No.28177 of 2022 Old Washermenpet Nehru Memorial Sports Club Represented by its President, S.K.Padmanathan

...Petitioner

Vs.

1. The Commissioner of Police, Greater Chennai, No.132, Commissioner Office Building, EVK Sampath Road, Vapery, Chennai-600 007.

2. The Deputy Commissioner of Police, Washermenpet Police District, O/o The Deputy Commissioner of Police, H-5, New Washermenpet Police Station, Chennai-600 081.

3. The Assistant Commissioner of Police, Washermenpet Range, H-3, Tondiarpet Police Station, Chennai-600 081.

4. The Inspector of Police (Law & Order), H-1, Old Washermenpet Police Station, Old Washermenpet, Chennai-600 021.

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of the Writ of Mandamus, directing to issue the fourth respondent not to interfere with the affairs of the Club and further to direct the fourth respondent to hand over the keys of the Club, Old Washermenpet Nehru Memorial Sports Club, situated at No.8/10, Manikandha Mudhali 3rd Street, Old Washermenpet, Chennai 600 021.

For Petitioner : Mr.K.Kannan For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal side)

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the fourth respondent not to interfere with the affairs of the Club and further to direct the fourth respondent to hand over the keys of the Club, Old Washermenpet Nehru Memorial Sports Club, situated at No.8/10, Manikandha Mudhali 3rd Street, Old Washermenpet, Chennai 600 021.

2. When the matter is taken up for admission, it was reported by the learned Government Advocate (Crl.Side) that the key is not under the custody of the fourth respondent and it is available with the custody of the petitioner.

3. When the matter is taken up today, similar statement is made in the status report filed by the fourth respondent. In fact, it is re-iterated that the petitioner/accused Padmanathan had closed his Nehru Memorial Sports Club and the same was photographed. The photographs are also produced before this Court.

4. In the light of the submissions made by the learned counsel appearing for the parties and the stand taken by the respondents that the key is not with the custody of the fourth respondent and it is with the custody of the petitioner, for the reason that the petitioner Padmanathan had alone closed the shop, this Court is of the view that no order can be passed in this petition. The petitioner is free to open in the manner known to law.

5. Accordingly, this Writ Petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs.

21.04.2023 mn Index:Yes/No Speaking Order: Yes/No

G.CHANDRASEKHARAN.J., mn To

1. The Commissioner of Police, Greater Chennai, No.132, Commissioner Office Building, EVK Sampath Road, Vapery, Chennai-600 007.

2. The Deputy Commissioner of Police, Washermenpet Police District, O/o The Deputy Commissioner of Police, H-5, New Washermenpet Police Station, Chennai-600 081.

3. The Assistant Commissioner of Police, Washermenpet Range, H-3, Tondiarpet Police Station, Chennai-600 081.

4. The Inspector of Police (Law & Order), H-1, Old Washermenpet Police Station, Old Washermenpet, Chennai-600 021.

5.The Public Prosecutor, High Court of Madras.

and W.M.P.No.28177 of 2022 21.04.2023