IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.04.2024 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.22879 of 2023 David Bharath Kumar ... Petitioner Vs.

1.The Secretary to Government.

Home Department, Tamil Nadu State Government, Fort St. George Chennai 600 009 2.The Director General Of Police Tamil Nadu State Police O/o The Director General Of Police No 601 Dr. Radha Krishnan Salai No 1, Kamaraja Salai, Mylapore, Chennai 600 004

3.The Commissioner Of Police O/o The Commissioner Of Police, No 132 Evk Sampath Road, Vepery, Chennai 600 007

4.The Chief Traffic Warden Tamil Nadu Police Traffic Warden Organisation, O/o The Additional Commissioner Of Police Vepery Chennai 600 007 ...Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents 1 to

3 to evolve a bye law in consonance with or simply adopt the model bye law under the Societies Registration Act and consider the Representation dated 11.05.2023.

For Petitioner : Mr.David Bharath Kumar, Party in person For Respondents : Mr.P.Kumaresan, AAG, assisted by Mr.N.Naveen Kumar, Govt. Advocate [R.1]

: Mr.S.Vinoth Kumar, Govt. Advocate, (Crl. Side) for [R.2 and R.3]

: Mr.A.V.Arun for Mr.K.Shyam Sunder [R.4]

O R D E R

The writ of Mandamus has been instituted to direct the respondents

1 to 3 to evolve a bye law in consonance with or simply adopt the model bye law under the Societies Registration Act and consider the representation dated 11.05.2023.

2. The petitioner was a member of Tamil Nadu Police Traffic Warden Organisation. He underwent training sessions and was performing his duties. Subsequently, he was removed from the Organisation on certain grounds. The petitioner filed the writ petition mainly on the ground that the name of the Organisation has been abused by few individuals and the members of the Organisation act like a police personnel which is impermissible. Common people are getting confused on account of their identity and therefore, such ambiguities are to be removed by suitably amending the bye laws of of the Organisation or by issuing suitable Government orders by the Government of Tamil Nadu.

3. The Tamil Nadu Police Traffic Warden Organisation has been formed by the Govt. of Tamil Nadu, vide G,O,Ms.No.2268, Home, dated 10.08.1977. The Organisation was constituted to assist the Traffic Police to regulate the traffic due to dearth of Traffic Policemen in many areas across the State. The organisation has been formed and more so the Organisation is conducting classes at free of cost to educate the children and citizen about the road safety, traffic awareness etc. Thus, the organisation has been constituted by the Government with a noble cause, and it is functioning for the past several years.

4. The Police Department is monitoring the activities of the members of the organization. They are bound to report before the competent authorities. The duties are allotted by the respective authorities designated by the Director General of Police and the respective Commissioner of Police.

5. The petitioner Mr.David Bharath Kumar, in person, would submit that usage of term “Police” is mostly abused by the members of the organisation. They are acting like policemen and on some occasions they are attempting to exercise statutory powers conferred on the police which will result in an anomalous situation.

6. The learned counsel for the 4^th respondent Organisation would oppose the contention by stating that the organisation has been constituted by the Government and the members are not paid any salary for performing their duties. It is only a part-time duty provided at the choice of the citizen and the engagement of personnels are regulated. They are deputed to assist the police personnel in traffic locations and therefore, they have not violated any regulations as framed by the Government and they are following the instructions issued by the Director General of Police and the respecti