Om Sri Muruga Recreation v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.21897 of 2016 and W.M.P.(MD) No.15657 of 2016 Om Sri Muruga Recreation Club, Rep. by its President, A.Thangamurugan, A Registered Society, Regn.No.129/2016, 2/26, Sekkadi Street, Samayanallur, Madurai District.

... Petitioner -vs1.

The Superintendent of Police, Madurai District.

2.

The Inspector of Police, Vadipatti Police Station, Madurai District.

... Respondents Prayer:Writ Petition 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 lawful day today activities of the petitioner's association without following the due process of law and pass such or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

For Petitioner :

Mr.M.Subash Babu For Respondents :

Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader *****

O R D E R

This petition has been filed, seeking to forbear the 2nd respondent herein from interfering with the lawful day today activities of the petitioner's association without following the due process of law.

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2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the State.

Mrs.D.Jayamani, Sub-Inspector of Police, Samayanallur Police Station, is present. On instructions, learned Additional Government Pleader submitted that there is no recreation club in 2/26, Sekkadi Street, Samayanallur, Madurai District, as contended by the petitioner.

3. However, learned counsel for the petitioner has produced a licence purported to have been issued by the Tahsildar, Vadipatti under Section 6(1) of the Tamil Nadu Public Building (Licencing Act 1965 Tamil Nadu Act 13 of 1965), which shows that the petitioner will be entitled to use the premises in No.1/42, Main Road, Thanichiyam Village, Vadipatti Taluk, Madurai District from 01.12.2016 to 30.11.2019.

4. Thus, it is apparent that there is a discrepancy in the address given by the Tahsildar and the claim of the petitioner in the writ petition. Hence, this petition is closed with liberty to the petitioner to approach this Court after properly establishing the club and making it functional in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To:

1.

The Superintendent of Police, Madurai District.

2.

The Inspector of Police, Vadipatti Police Station, Madurai District.

+1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 53128 +1 CC to M/s.M.SUBASH BABU, Advocate, SR No. 53065 AR PSM/JC/SAR4/10.05.2017/2P/5C W.P.(MD) No.21897 of 2016 and W.M.P.(MD) No.15657 of 2016 19.04.2017 https://hcservices.ecourts.gov.in/hcservices/