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Madras High CourtWP/43043/2016dismissed

Anaiyur Ilanthendral v. The District Superintendent Of

2017-01-10Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.01.2017

CORAM:

THE HON'BLE MR. JUSTICE B.RAJENDRAN W.P.No.43043 of 2016 1.Anaiyur Ilanthendral Recreation Club (Reg.No190/2016) Rep. by President Mr.K.Easwaran S/o.Krishnappa Gounder No.4/439 Anaiyur Kuppanur Po Annur Tk Coimbatore-653.

... Petitioner Vs 1 The District Superintendent of Police O/o.The District Superintendent of Police Ram Nagar Gandhipuram Coimbatore District.

2 The Deputy Superintendent of Police O/o.The Deputy Superintendent of Police Karumathampatti Somanur Coimbatore District.

3 The Inspector of Police Annur Police Station .. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to dispose the petitioners representation dated 01.09.2016 and to direct the 3rd respondent shall not disturb te petitioner Association frequently under the guise of inspection without there being any reliable information as to the illegal activities of the association or its members or the guests.

For Petitioner : Mr.P.Saravanan For Respondents : Mr.A.Kumar, Spl. G.P

ORDER

This writ petition has been filed seeking a writ of mandamus directing the second respondent to dispose the petitioner's representation dated 01.09.2016 and to direct the

third respondent not to disturb the petitioner's Association frequently under the guise of inspection without there being any reliable information as to the illegal activities of the association or its members or the guests.

2. Today, when the matter is taken up for hearing, a counter affidavit had been filed by the third respondent and it would be relevant to extract the relevant paragraph in the counter which would read as:

"2. I humbly submit that there is no 'Anaiyur Ilanthendral Recreation Club said to have started by the petitioner holding post of 'President' of the said club anywhere in Anaiyur hamlet attached with Kuppanur mother village in the limit of Annur Police Station, Coimbatore District. Further on physical check, denotes that there is no door No.4/439, Anaiyur and therefore, the petitioner filed the above W.P. seeking direction by furnishing a false door number."

3. Reading of the counter affidavit discloses the fact that there is no door No.4/439, Ananiyur and further there is no existence of such club as alleged by the petitioner herein and the third respondent had further stated that there is no venture of the club being conducted anywhere in the hamlet of Anaiyur. Learned Special Government Pleader would further add that FIRs. are pending against the petitioner.

4. In view of the aforesaid submissions and in the light of the counter affidavit, this writ petition is dismissed as devoid of merits. No costs.

s/d- Assistant Registrar(CCC) //True Copy// Sub-Assistant Registrar To,

1. The District Superintendent of Police O/o.The District Superintendent of Police Ram Nagar, Gandhipuram,

2. The Deputy Superintendent of Police O/o.The Deputy Superintendent of Police Karumathampatti, Somanur,

3. The Inspector of Police Annur Police Station, +1 CC to The Govt. Pleader, High Court, Madras sr 2618 +1 CC to Mr. P. Saravanan, Advocate sr 2892 W.P.No.43043 of 2016 sp/9/2