Pothigai Manamahil Mandram, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.4163 of 2013 and M.P.(MD) No.1 of 2013 Pothigai Manamahil Mandram, Rep. by its Secretary, R.Vasimalai, S/o.Ramar, Door No.86, 6th Ward, Arunachalam Nagar, Usilampatti Main Road, Ezhumalai-625 535, Periyar Taluk, ... Petitioner -vs1. The Superintendent of Police,

2. The Deputy Superintendent of Police, Usilampatti Region,

3. The Assistant Commissioner, Excise, Madurai.

4. The Sub-Inspector of Police, Ezhumalai Police Station,

5. Saravanan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the 4th and 5th respondents from illegally interfering with the legal business transaction of the bar attached to the petitioner club without any valid reason and further direct the 1st respondent to take necessary departmental action against the 5th respondent for his illegal action and misuse of power by considering the representation of the petitioner dated 23.02.2013.

For Petitioner : Mr.R.Gowrishankar For R1 to R4 : Mr.J.Gunaseelan Muthiah Govt. Advocate

O R D E R

This writ petition has been filed, seeking to forbear the respondents 4 & 5 from illegally interfering with the legal business transaction of the bar attached to the petitioner club without any valid reason and also direct the 1st respondent to take necessary departmental action against the 5th respondent for his illegal action and misuse of power by considering the representation of the petitioner dated 23.02.2013.

2. When the matter is taken up for hearing, the learned counsel for the petitioner and the learned Government Advocate appearing for R1 to R4 have submitted that the writ petition has become infructuous, as there was no interference by the 5th respondent in the business activities of the petitioner.

3. Recording the said submissions, this petition is closed as having become infructuous. However, it is made clear that in the event of the petitioner indulging in any criminal activities, it is open to the respondents to take action against the petitioner as and when required. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To:

1. The Superintendent of Police,

2. The Deputy Superintendent of Police, Usilampatti Region,

3. The Assistant Commissioner, Excise, Madurai.

4. The Sub-Inspector of Police, Ezhumalai Police Station, +1cc to Special Government Pleader in SR.No.88176. W.P(MD) No.4163 of 2013 17.11.2017 ar SDS/MR:KKR/SAR 4/04.12.2017/3P/6C