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Madras High CourtWP(MD)/11704/2016disposed of

Sri Kannathal Recreation Club, v. The Superintendent Of Police,

2016-07-12Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.(MD)No.11704 of 2016 Sri Kannathal Recreation Club, 5A, Ayyampatti,Pothampatti Panchayat, Usilampatti Taluk, Madurai District.

Rep. By its President, Kannadisamy, S/o.Mayan, 5A, Ayyampatti, Pothampatti Panchayat, Usilampatti Taluk, Madurai District.

...Petitioner

-vs1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Usilampatti Town Police Station, Madurai District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, forbearing the 2nd respondent herein from interfering with the day to day activities of the petitioner club.

For Petitioner : Mr.S.Balaji For Respondents : Mr.D.Muruganandam Addl. Govt. Pleader *****

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, forbearing the 2nd respondent herein from interfering with the day to day activities of the petitioner club.

2. Learned counsel for the petitioner would submit that the petitioner club is registered under the Societies Registration Act having Regn.No.12 of 2016 on 08.02.2016 on the file of the Registrar of Societies, Periyakulam. The petitioner club is formed for the purpose of spending its members' leisure time in usual manner by engaging themselves in reading books, playing games and also providing recreational facilities, conducting indoor and outdoor games, such as table tennis, carom board, rummy, chess for the members by providing proper coaching with efficient coach apart from providing reading room and library for the members, classes for the mediation, yoga, jim and Judo.

2a. It is submitted that the police personnel attached to the respondents are frequently visiting the petitioner association unnecessarily under the guise of inspection and interfering with the activities of its members and that the members of the club are playing rummy, which is not prohibited anywhere in the State of Tamil Nadu. The representation dated 11.05.2016 given to the 1st respondent to prevent the 2nd respondent from interfering with the day to day activities of the club, has not yet been acted upon. 2b.Learned counsel for the petitioner, by relying upon a decision of the Hon'ble Division Bench of this Court made in The Director General of Police and 3 others vs. Mahalakshmi Cultural Association, reported in [2012 (2) CTC 484], would submit that in similar circumstances in the above said case, this Court allowed the respondent Association therein to run their club with certain conditions.

3. The learned Additional Government Pleader has filed a counter affidavit, stating that the allegation against the 2nd respondent with regard to his involvement in the day to day activities of the club, is denied and that there is no hindrance on the part of the 2nd respondent in the lawful recreational activities. Therefore, it is prayed that the petition is liable to be dismissed in limine.

4. Heard the learned counsel for the petitioner and learned Additional Government Pleader and perused the materials available on record.

4a. Learned counsel for the petitioner submitted that license fee has been paid along with the application for license and it is for the respondent police to grant licence.

5. Taking into consideration the fact that the Hon'ble Division Bench of this Court, in the similar set of facts, in the case of The Director General of Police and 3 others vs. Mahalakshmi Cultural Association (supra), allowed the Association therein to continue their activities by imposing certain conditions, which has also been followed by a Single Judge of this Court in the case of Royal Recreation Club, Pulvoipatti, Virudhunagar District vs. The Superintendent of Police, Virudhunagar and another [W.P.(MD) No.6442 of 2015] decided on 08.09.2015, this Writ Petition is disposed of on similar lines with the following conditions:

i) The petitioner association shall not indulge in any activity by allowing its members or the guests to play rummy (13 cards) with stakes and make profit or gain;

ii) The Police are entitled to take action in the event of any illegal activity being carried on in the premises of the petitioner association;

iii) The police shall not disturb the petitioner association frequently under the guise of inspection without there being any reliable information as to the illegal activities of the petitioner association or its members or the guests. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To:

1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Usilampatti Town Police Station, Madurai District.

+1cc to M/s.S.Balaji, Advocate in SR.35832 +1cc to the Special Government Pleader, in SR.36359 W.P(MD) No.11704 of 2016 12.07.2016 ar.

PBK/NGM-MP/SAR-III 20/07/2016 ::3P-5C::(IT)