Muniselvam. S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Muniselvam ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Srivilliputtur, Virudhunagar District.

3.The Inspector of Police, Malli Police Station, Malli, Srivilliputtur Taluk, Virudhunagar District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, forbearing the respondents from in any manner interfering nor disturbing with the affairs of the petitioner's club namely "Sri Linga Recreation Club" registered as 147 of 2021 situated at Enjaar Vilakku without any complaint or due process of law.

For Petitioner : Mr.S.Mahalingam For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor for R1 to R3 1/4

ORDER

The Writ Petition has been filed to direct the respondents from in any manner interfering nor disturbing with the affairs of the petitioner's club namely "Sri Linga Recreation Club" registered as 147 of 2021 situated at Enjaar Vilakku without any complaint or due process of law. 2.The case of the petitioner is that the petitioner is the Secretary of Sri Linga Recreation Club and the said club was registered under the Tamil Nadu Societies Registration Act, 1975. While so, the respondents police frequently interfered with the petitioner's club activities, thereby, the petitioner has filed the present petition with the above said prayer. 3.The learned Additional Public Prosecutor would submit that the petitioner's complaint was enquired by the respondents police and the same was closed on 05.01.2023.

4.If at all the petitioner has any grievance, he has to approach the remedy only before the competent Civil Court and not before this Court under Article 226 of the Constitution of India.

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5.Considering the above facts and circumstances of the case and also considering the facts that the petitioner claims to be the Secretary of the Club in the name and style of "Sri Linga Recreation Club" and as per the Tamil Nadu District Police Act, the respondents police are entitled to inspect any business premises and it appears that the petitioner's complaint was enquired and the same was closed and hence, the prayer sought for in the present petition cannot be granted by this Court.

6.Accordingly, the Writ Petition is dismissed. No costs. Index : Yes/No 06.02.2024 Internet : Yes/No NCC : Yes/No Sji To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Srivilliputtur, Virudhunagar District.

3.The Inspector of Police, Malli Police Station, Malli, Srivilliputtur Taluk, Virudhunagar District.

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M.DHANDAPANI, J.

Sji 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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