JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents, their men, agents, subordinates or anybody acting on their behalf from in any manner disturbing, harassing or interfering with the lawful affairs of the petitioner's club namely Pandian Recreation Club at No.1-A, Syful Mulk Street, Komaleeswaranpet, Chennai-600 002.)

1. The relief sought for in the present writ petition is to direct the respondents, their men, agents, subordinates or anybody acting on their behalf from in any manner disturbing, harassing or interfering with the lawful affairs of the petitioner's club namely Pandian Recreation Club at No.1-A, Syful Mulk Street, Komaleeswaranpet, Chennai-600 002.

2. The petitioner is Pandian Recreation Club. The petitioner club is registered under the Tamil Nadu Societies Registration Act, 1975 [hereinafter referred to as “Societies Registration Act”] vide Registration No.304/1991. The petitioner states that they are doing lawful activities for more than 25 years. The objective of the petitioner club is to establish a relationship of friendship. The petitioner states that they used to arrange dramas and shows for the benefit of its members and also arrange games like indoor and outdoor games, such as table tennis, carrom, billiards and chess, etc.,

3. The grievance of the writ petitioner is that the respondent/Police is frequently conducting inspection and disturbing and harassing the members of the petitioner's club.

4. The petitioners in their affidavit, categorically said that they are doing only lawful activities. Undoubtedly, such lawful activities alone are permitted. If the Police authorities gather some information about any illegal activities or otherwise, they are empowered to conduct inspection and initiate appropriate action under the provisions of the Penal laws. The power conferred on the Police authorities under the Code of Criminal Procedure cannot be taken by the Court in a writ proceeding in a routine manner. Only if the power is abused or misused, then alone, the Courts have to interfere and not otherwise.

5. It is the duty of the Police authorities to ensure that such Clubs are being run in a lawful manner and conducting lawful activities. There are allegations against such Clubs across the State that these Clubs are constituted and many of the Clubs are involving in illegal activities. When such informations are made available in the public domain, then the Police authorities are bound to ensure that the Clubs are being run in a lawful manner and they are bound to collect informations periodically, so as to check the activities of these Clubs. No doubt, forming an Association is a fundamental right of the citizen. However, such a right is subject to restrictions and no fundamental right is absolute under the Indian Constitution. The exercise of individual rights of the citizen cannot injure the right of the fellow citizen bestowed upon by the Constitution. Thus, any illegal activities are carried on in any such Clubs, the Police authorities are empowered to conduct inspection and initiate appropriate action.

6. As far as the petitioner Club is concerned, the fourth respondent/Inspector of Police filed a counter statement, enumerating that already four Criminal cases are registered against the petitioner's Club and the details of those cases are stated in Paragraphs 10 and 11, which reads as under:

“10. I submit with regard to the averments in Para-8 of Writ that on 04.01.2014 one P. Prabakaran age 46, S/o R. Parthasarathy, No. 5/11, Velayudha Achari Street, Pudpet had lodged a complaint alleging that the Gaja who is keeping chicken stall has assaulted him with iron rod and bricks and threatened to go away from the land at No.13/29 Ellappan Street, Pudupet, Chennai.2 and the same was registered by the 4th Respondent in CSR.No 27/CSR/F2/2014 and enquired. Subsequently the De-facato complainant Tr.P.Prabakaran had approached t