Perambalur Town Recreation Club, v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.11.2023 CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and WMP. No.31515 of 2023 Perambalur Town Recreation Club, Rep. by its Secretary, Mr.Sabarish.
... Petitioner -vs1. The Superintendent of Police, Perambalur District, Perambalur.
2. Deputy Superintendent of Police, Perambalur.
3.The Inspector of Police, Perambalur Town Police Station, Perambalur.
...Respondents
PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents herein their subordinates, men or anybody acting through them in any manner interfering with the lawful activities being carried by the Petitioner's club as per the bylaws and registered under the Tamil Nadu Societies Registration Act, 1975 and the Rules made there under at its registered office at No.342/7, Marimuthu Page No.1/4
Nagar, Thriuvalluvar Street, Aranarai Post, Perambalur District - 621 212. For Petitioner : Mr.B.Kumarasamy For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
ORDER
The Writ Petition is filed to direct the Police not to interfere with the lawful activities being carried out by the petitioner's club as per by-laws.
2. It is contended by the learned counsel appearing for the petitioner that the Perambalur Town Recreation Club had duly registered as Society and providing facility for its members to play various indoor games like Badminton, Chess, Carom, Billiards and also Rummy, which is not a prohibited game under the Gaming Laws. However, the police under the protest of inspection frequently disturbing the activity of the club members. Therefore, seeks protection from the police by issuing mandamus forbearing them from interfering the lawful activities.
3. Whether the activity carried on by the members of the club is lawful or unlawful, can only be ascertained on surprise inspection by the Police. So blanket protection cannot be granted as prayed for. Page No.2/4
4. The petitioner's club if really conducting only lawful activities then they need not fear for any malicious action on the part of the Police. If any action taken by the Police contrary to law, it is always open to the petitioner to approach the Court for necessary remedy. Preemptive order interfering the Police from discharging their duty cannot be issued. Hence, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
08.11.2023 Internet : Yes/No Index : Yes/No rkp To
1. The Superintendent of Police, Perambalur District, Perambalur.
2. Deputy Superintendent of Police, Perambalur.
3.The Inspector of Police, Perambalur Town Police Station, Perambalur.
4. The Public Prosecutor, Madras High Court, Madras.
Page No.3/4
Dr.G.JAYACHANDRAN, J.
rkp and WMP. No.31515 of 2023 08.11.2023 Page No.4/4