JUDGMENT :-

(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 from harassing the petitioner-Club and its members by insisting the petitioner-Club to obtain FL2 License from the State Government for permitting its members to consume liquor brought from outside (purchased from Government approved liquor shops) within the petitioner-Club premises.)

The relief sought for in the present writ petition is to forbear the respondents from harassing the petitioner-Club and its members by insisting the petitioner-Club to obtain FL2 License from the State Government for permitting its members to consume liquor brought from outside (purchased from Government approved liquor shops) within the petitioner-Club premises.

2. The petitioner is the 'Kancheepuram Reading Room and Tennis Club'. The petitioner-Club was registered under the Societies Registration Act and the object of the Club is to promote Club's life and recreational activities among its members by way of providing reading room, indoor games etc. The petitioner-Club is a non-political and non-party organisation.

3. It is contended that the petitioner-Club includes men of high reputation, businessmen, professionals in particular a good strength of Advocates and in view of the same, the petitioner-Club is having wide recognition from all spheres. The petitioner-Club consists of 278 members, including 22 life time members and 6 honorary members. It is further contended that the infrastructure of the petitioner-Club includes Library having wide collection of books, journals, newspapers and spacious reading air-conditioned room providing its members a conducive atmosphere for relaxation and reading. It further provides its members an air-conditioned and well equipped Gym and other indoor games facilities are also provided. A separate Dining Area is provided, wherein the members alone are permitted to have their food.

4. The learned Senior Counsel appearing on behalf of the petitioner mainly contended that the petitioner is constrained to move the present writ petition on account of the fact that the respondents are frequently harassing the petitioner-Club by conducting unnecessary inspections. The learned Senior Counsel for the petitioner is of an opinion that purchasing liquor from Government approved shops and bringing the liquor bottle inside the petitioner-Club premises and consumption of liquor by the members in the Club premises, cannot be objected by the Police Authorities.

5. It is an admitted fact that the members of the petitioner-Club are consuming liquor in the Club premises and they are not causing any nuisance or disturbance to the other members or the public in general. Such activities of in-house consumption of liquor would not fall under the offence of nuisance. Thus, the interference by the Police Authorities is highly unwarranted and therefore, the respondents should be restrained from conducting any such unnecessary inspections in the absence of any specific complaint or otherwise.

6. The learned Senior Counsel appearing for the petitioner-Club made a submission that the petitioner-Club is not selling any liquor and they do not possess any license for selling liquor nor apply for any such license with the Competent Authorities. The petitioner-Club has no intention to get any such license and the members are consuming liquor inside the premises by purchasing the liquor bottle from outside the premises of the petitioner-Club. Ten or twenty members of the Club together purchasing liquor and consuming the same inside the premises of the petitioner-Club cannot be construed as an offence. Thus, the actions of the respondents are not in accordance with the provisions of law and therefore, the petitioner-Club is entitled for the relief as such sought for in the present writ petition.

7. The learned Additional Government Pleader, appearing on behalf of the respondents, rais