Madras High CourtWP(MD)/6266/2015allowed

City Recreation And Sports v. The Supdt. Of Police,

2015-06-05Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No. 6266 of 2015 City Recreation and Sports Club, Amaravathy Pudur, Represented by its Secretary, R.Rajapandian, S/o. S.N.Ramanathan, Kurithankottai, Devakottai Post, Sivagangai District. ... Petitioner Vs.

1.The Superintendent of Police, O/o. Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Karaikudi Sub Division, Sivagangai.

3.The Inspector of Police, Karaikudi South Police Station, Sivagangai.

4.The Sub Inspector of Police, Somanathapuram Police Station, Karaikudi, Sivagangai District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, praying to forbear the respondents herein and their subordinate officials from in any manner interfering with the lawful activities of the Petitioner's "City Recreation and Sports Club, Amaravathy Pudur" bearing Reg.No.6/2008, situated at No.845, Devakottai Rastha, Amarvathi Post, Sivagangai District, and pass such further orders. For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.R.Karthikeyan Additional Government Pleader

O R D E R

The petitioner is the club namely "City Recreation and Sports Club, Amaravathy Pudur" bearing Reg.No.6/2008, situated at No.845, https://hcservices.ecourts.gov.in/hcservices/

Devakottai Rastha, Amarvathi Post, Sivagangai District, seeking a direction to the respondents not to interfere with the lawful activities, the present petition has been filed.

2. The counter affidavit filed by the respondent stating that four cases have been registered against the club members. All the four cases ended with conviction on the plea of guilty by the members of the petitioner club. It has also been stated that gambling activities are being carried on.

3. The learned counsel for the petitioner submitted that the petitioner would not indulge in gambling activities. The lawful activities will have to be permitted. Though this court is not inclined to allow this writ petition, considering the plea made by the learned counsel for the petitioner that no gambling activities was carried on and if so proper steps have been taken by the respondent police including arresting the persons.

4. Hence, the respondent police is directed not to interfere with the lawful activities of the petitioner alone. It is made clear that if any unlawful activities come to the knowledge of the respondent police, it is well open to them to take action in accordance with law including arresting the members of the petitioner club apart from closing of the petitioner club.

5. This Writ Petition is ordered accordingly. No costs. Sd/- Assistant Registrar(Per.Admn) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, O/o. Superintendent of Police, Sivagangai District. 2.The Deputy Superintendent of Police, Karaikudi Sub Division, Sivagangai.

3.The Inspector of Police, Karaikudi South Police Station, Sivagangai.

4.The Sub Inspector of Police, Somanathapuram Police Station, Karaikudi,Sivagangai District +One cc to Mr.R.Senthilkumar, Advocate, SR.no.28080 PJL RL/6 c- 19/6/2015 W.P(MD)No.6266 of 2015 05.06.2015 https://hcservices.ecourts.gov.in/hcservices/