ORDER :

(V. Lakshminarayanan, J.)

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the 1st respondent impugned order in No.3077/B2/YM/2022/3, dated 15.04.2022, the 2nd respondent impugned order in No. 14869/SDMY/D3/Gamble/2021-2022, dated 15.04.2022 and the 4th respondent impugned order in No. 469/SPY/DR/2022, dated 16.04.2022, quash the same and consequently directing the respondents not to interfere with the petitioner Society's functioning in any manner except in accordance with law.)

1. The writ petitioner seeks for a Writ of Certiorarified Mandamus calling for the records on the file of the 1st respondent in its proceedings in No.3077/B2/YM/2022/3, dated 15.04.2022, of the 2nd respondent in his order in No.14869/SDMY/D3/Gamble/2021-2022, dated 15.04.2022 and of the 4th respondent by his order in No. 469/SPY/DR/2022, dated 16.04.2022, quash the same and consequently directing the respondents not to interfere with the petitioner Society's functioning in any manner except in accordance with law.

2. The petitioner is a Society registered under the Societies Registration Act, 1860. It started a recreational club for its members. Fearing interference by the Police, a Writ petition came to be filed before this Court in W.P.No.24852 of 2021. The prayer was to forbear the police officials from interfering with the day to day affairs and rights of the petitioner/Society in any way including playing of Rummy (13 cards) and other recreational activities without any reasonable cause. This Court disposed of the said Writ Petition in the following terms:

"5.In view of the same, the petitioner is directed to appear before the second respondent and produce all documents and thereafter the second respondent to take appropriate action. The second respondent is reminded that if the petitioner is otherwise entitled to carry on with his club activities, without any specific complaint or information, the club activities not to be interfered with."

3. Thereafter, the petitioner had made an application for grant of license to the 1st respondent. The 1st respondent had also granted a licence on 18.01.2022. The application for license had been filed in December 2021 and the license was granted in the year 2022. The license was sought for under Section 355 of the Puducherry Municipalities Act, 1973. Even in the application, the deponent, who is the Secretary of the Society, had stated that he would be the licensee and the purpose for which the license has been sought for is for running recreation games including other recreational activities that are legal and in accordance with law. The applications further stated that the name and style of the trade is M/s.Royal Yanam Recreational Society. The area covered for the purpose of business was given as 5,000 sq.ft.

4. The Commissioner, Yanam Municipality granted license not only under Section 355 of the aforesaid Act but also under Sections 348 to 354 of said Act. It further stated that the business should be legal and lawful and should not affect the society at large in any form. It was also stated that the license was liable to be cancelled without assigning any reason thereof.

5. After the license was granted, the petitioner continued its club activities without any interference. Surprisingly, it was visited with a police complaint on 20.02.2022 filed under Section 5 read with Sections 7 and 8 of the Puducherry Gaming Act, 1965. This complaint was on the file of the Yanam Police Station. Despite the police complaint, the club continued its activities.

6. On 11th April, 2022, the 1st respondent Commissioner/ Yanam Municipality issued a letter calling upon the petitioner to enclose the list of documents that were to be produced to him. The list of documents are as follows:

"LIST OF DOCUMENTS TO BE ATTACHED WITH THE APPLICATION FOR ISSUING TRADE LICENCE FOR RECREATION SOCIETIES/CLUBS TO PROCE