Nakshathira Sports And Cultural Club, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2020
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU Nakshathira Sports and Cultural Club (Reg. No.SRG/Karaikudi/96/2020) No.9, Thirukalambur Road, Venthanpatti, Melasivapuri Post, Ponnamaravathi Taluk, Pudukkottai District.
Rep. by its President V.Sridhar, S/o.Vijayakumar ... Petitioner Vs.
1.The Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Inspector of Police Ponnamaravathi Police Station Pudukkottai District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents herein and their subordinates officials from in any manner interfering with the day to day activities of the members of the petitioner's Nakshathira Sports and Cultural Club, to play the game of Chess, Carrom, Rammy and other indoor games in the premises of the petitioner's Nakshathira Sports and Cultural Club, (Reg. No.SRG/Karaikudi/96/2020) at No.9, Thirukalambur Road, Venthanpatti, Melasivapuri Post, Ponnamaravathi Taluk, Pudukkottai District, without following due process of law. For Petitioner : Mr.K.G.Arun Kumar For Respondents : Mr.V.Neelakandan Additional Public Prosecutor
ORDER
The prayer in this Writ Petition is to forbear the respondents and their subordinates officials from in any manner 1/4
interfering with the day to day activities of the members of the petitioner's club namely, Nakshathira Sports and Cultural Club, to play the game of Chess, Carrom, Rammy and other indoor games in the premises of the petitioner's Nakshathira Sports and Cultural Club, (Reg. No.SRG/Karaikudi/96/2020) at No.9, Thirukalambur Road, Venthanpatti, Melasivapuri Post, Ponnamaravathi Taluk, Pudukkottai District, by considering petitioner's representation dated 15.11.2020.
2. The grievance of the petitioner is that the aforesaid Nakshathira Sports and Cultural Club is a recreational club. The club was registered under the Tamil Nadu Societies Registration Act, 1975. The petitioner is running the Club to promote various facilities to their members and it is not involving in any illegal activity. According to the petitioner, the respondent Police are interfering and disturbing the lawful activities of the respective Clubs, without following any provisions of law and preventing them from doing their activities peacefully. Hence, the present Writ Petition has been filed.
3. The learned counsel appearing for the petitioner would contend that the Club was registered under the Tamil Nadu Societies Registration Act, 1975, and the Clubs is being run for the benefit of its' members. The petitioner's Clubs was entitled to conduct lawful activities in its premises and also could conduct entertainment programmes. The respondent Police have no power to deny the petitioner's Clubs to conduct lawful activities.
4. Per contra, the learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner's club was registered under the Tamil Nadu Societies Registration Act, 1975. They are conducting various programmes to entertain their members. Based on some reliable information, the respondent Police made a search in the respective Clubs. Apart from that, the petitioner has not obtained licence as per Section 3 of the Tamil Nadu Places of Public Resort Act, 1888. The learned Additional Public Prosecutor relied upon the order passed by this Court in W.P. (MD).Nos.5560 of 2018, etc., batch cases-[Mass Recreation ClubShengottah represented by its Secretary Vs. The Superintendent of Police, Tirunelveli District, Tirunelveli and others], dated 13.07.
2018, wherein, this Court held that the petitioner should necessarily get license from the Authority concerned under Section 3 of the Tamil Nadu Places of Public Resort Act, 1888. The above order has been confirmed by a Division Bench of this Court in W.A. (MD).No.1017 of 2018, dated 31.07.2018. The relevant portion of the judgment reads as follows:- "3.We have recorded the reason for dismissal of the Writ Petition. We find absolutely no reason to differ.
Nadu Places of Public Resort Act, 1888 and on doing so, it would be open for the appellant Club to indulge in Rummy Card games and other recreation activities, other than those that what offend the Tamil Nadu Gambling Act, this Writ Appeal stands dismissed."
5. That apart, the learned Additional Public Prosecutor appearing for the respondents has relied upon Section 34 of the Chennai City Police Act, 1888. Section 34 of the above said Act reads as follows:- "34.Places of public resort to be licensed- (1)No enclosed place or building having an area of five hundred square feet or upwards shall be used for public entertainment or resort without a licence from the Commissioner.
Provided that nothing contained in this Sub-Section shall apply to any Church, Temple, Mosque, or other place of worship.
(2)The Commissioner may, at the time of grant of a licence under Sub-Section (1) or at any time during the currency of any such licence, require any person, other than a local authority, applying for such licence or the holder of such licence, as the case may be, to deposit with the Commissioner in cash or in Government promissory notes for such sum, as may be prescribed as security for the due observance of the conditions of licence.
(3)Where there is breach or non-observance of the conditions of the licence granted under SubSection (1) the Commissioner may forfeit the security so deposited to the Government.
(4)The forfeiture of the deposit shall not be a bar for proceeding against the holder of the licence under the provisions of Section 76."
6. This Court has considered the rival submissions and also perused the records carefully.
7. The main grievance of the petitioner is that, the petitioner's are running the respective Clubs for the benefit of their members without violating any law, and they need not obtain any licence from any authority. But as per the Judgment relied upon by the learned Additional Public Prosecutor appearing for the respondents, all the Clubs necessarily has to get license under the Tamil Nadu Places of Public Resorts Act, 1888, which was also confirmed by the Division Bench of this Court. 3/4
8.The petitioner is directed to apply for license under Section 3 of the Tamil Nadu Places of Public Resort Act, 1888, before the concerned authority forthwith. On receipt of the said application, the concerned authority is directed to consider the same and pass orders within a period of four weeks from the date of receipt of a copy of this order.
9. If the concerned authorities granted license to the petitioner, the respondent police shall not interfere with the day to day activities of the club unless the petitioner's club involved in any illegal activities or members of the club causes disturbance to the general public.
10. This Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 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 District, Pudukkottai.
2.The Inspector of Police Ponnamaravathi Police Station Pudukkottai District.
DATED : 09.12.2020 VB (18.12.2020) 4P 3C 4/4