Relax Recreation And v. The Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition (MD)No.5344 of 2015 Relax Recreation and Sports Club, represented by its Secretary, S.N.Karthikeyaraja Reg.No.178/2009, No.97, Munichalai sinnal, Kamarajar salai, Madurai-625 009 ... Petitioner Vs.

1. The Commissioner of Police, Madurai City, Madurai.

2. The Assistant Commissioner of Police, L&O Madurai City, Madurai.

3. The Inspector of Police, Theppakulam Police Station, Madurai City, Madurai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to forbear the respondents herein and their subordinate Officials from in any manner interfering with the lawful activities of the petitioner's "Relax Recreation and Sports Club" bearing Reg.No.178/2009, situated at No.97, Munichalai Signal, Kamarajar Salai, Madurai-625 009. For Petitioner : Mr.N.Thiagarajan, Senior Counsel for M/s Right Law Associates For Respondents: Mr.R.Karthikeyan Additional Government Pleader

ORDER

The Writ Petition has been filed for issuance of a Writ of Mandamus, to forbear the respondents herein and their subordinate Officials from in any manner interfering with the lawful activities of the petitioner's "Relax Recreation and Sports Club" bearing Reg.No.178/2009, situated at No.97, Munichalai Signal, Kamarajar Salai, Madurai-625 009.

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2. Heard the learned Counsel for the petitioner and the learned Additional Government Pleader who takes notice for the respondents.

3. By consent, the Writ Petition itself is taken up for final disposal.

4. The petitioner is the recreation and sports club. Alleging that the respondents are interfering with their lawful activities, the petitioner has come forward with this petition.

5. The learned Senior Counsel appearing for the petitioner submitted that the petitioners are not indulging any gambling activities, playing with rummy cards with any monetary involvement and therefore, the respondents will have to be restrained from interfering with the lawful activities.

6. The learned Additional Government Pleader, on instructions, submitted that the petitioner's Club is merely a recreation and sports club and it is not indulged in any gambling activities. Since, the place, in which the petitioner's club located, is a congested one, it is also likely to cause traffic problems.

7. As long as the petitioner carries on legal activities, there may not be any interference by the respondents. The undertaking given by the learned Senior Counsel that the petitioner is only indulging in lawful activities is recorded. If the respondents are of the view that the petitioner is indulged in unlawful activities, it is well open to the them, to take action in accordance with law. Insofar as the traffic congestion is concerned, it is also open to the respondents to take appropriate steps to ease out the possible congestion that will arise in future. This order also will not prevent the respondents to take action as per law.

8. Accordingly, the Writ Petition is disposed of with the above observations. No costs.

SD/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar ssl To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Assistant Commissioner of Police, L&O Madurai City, Madurai.

3. The Inspector of Police, Theppakulam Police Station, Madurai City, Madurai. +1cc to M/S.RIGHT LAW ASSOCIATES,ADVOCATE IN SR NO.19618 Writ Petition (MD)No.5344 of 2015 16.04.2015 RG.27.04.2015 2P/5C https://hcservices.ecourts.gov.in/hcservices/