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Madras High CourtWP(MD)/11919/2020dismissed

R.Balasubramanian v. The Superintendent Of Police,

2022-03-02Honourable Mr Justice N. Sathish Kumar2 pages

W.P.(MD)No.11919 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.11919 of 2020 R.Balasubramanian ... Petitioner /Vs./ 1.The Superintendent of Police, Pudukkottai.

2.The Deputy Superintendent of Police, Aranthangi, Pudukkottai.

3.The Inspector of Police, Aranthangi Police Station, Pudukkottai.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, forbear the second respondent from interfering with the day-to-day activities of the petitioner's club, except according to the due process of law.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.M.Sakthikumar Government Advocate

ORDER

It is stated by the counsel on record that the bundle has already been returned to the party and hence, he reported "no instructions".

2. This Writ Petition has been filed by the petitioner to forbear the second respondent from interfering with the day-to-day activities of the petitioner's club, except according to the due process of law.

3. It is the case of the petitioner that he is running only a Recreation Club. Therefore, the Police has no power to interfere. As long as the club remains as a Recreation Club, the Police normally have no power to disturb. At the same time, when it appears that there appears gambling or an act which is contradictory to the law in the offering of the club, there cannot be any blanket direction to the Police from taking action as per law. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11919 of 2020 4.Accordingly, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) rm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Pudukkottai.

2.The Deputy Superintendent of Police, Aranthangi, Pudukkottai.

3.The Inspector of Police, Aranthangi Police Station, Pudukkottai.

ORDER MADE IN W.P.(MD)No.11919 of 2020 02.03.2022 KVL/12.03.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2