IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.06.20224 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE C.KUMARAPPAN W.A.No.2828 of 2021 and C.M.P.No.18835 of 2021 L. Dharmaraj ... Appellant Vs.

1. The Commissioner Of Police, Office Of The Commissioner Of Police, Tiruppur City, Tiruppur District.

2. The Inspector Of Police, North Police Station, North Police Station, Tiruppur District. ... Respondents Prayer :- Writ Appeal filed under Clause 15 of Letters Patent, praying To set aside the orders passed on 17.03.2021 in W.P.No.4259 of 2021 by modifying the same and allow this Writ Appeal.

For Appellants : Mr.C.S.Saravanan For Respondent : Mr.S.John J.Raja Singh, A.G.P.

J U D G E M E N T

(Judgement of the Court was delivered by S.M.Subramaniam J.)

The appellant herein instituted the writ petition in W.P.No. 4259 of

2021, to direct the respondents from in any manner interfering with the affairs of the petitioner's club, Dolphin sports and Recreation Club.

2. The appellant filed the writ petition in his personal capacity and not in the name of the club. Since the learned counsel has given an undertaking before this Court that the members of the Dolphin sports and Recreation Club will conduct legal games and activities and the writ Court directed the Dolphin sports and Recreation Club to run in compliance with their undertaking given before this Court through their learned counsel, the present writ appeal came to be instituted.

3. It is needless to state that such recreation clubs must be properly registered and due permissions must be obtained from the competent authority, including permission from the Police Authorities, under relevant provisions of law. The Police Authorities are empowered to conduct surprise or regular inspections, if they have received any information regarding any illegal activity or commission of offence. Such a power conferred under law to the competent Police Authorities need not be restricted by the Court by issuing any direction. Therefore, mere statement by the appellant in the writ petition that they are running the recreation club by conducting legal activities cannot be taken in its face value. The genuinity of their statement can be verified by the Police Authorities by conducting inspections.

4. Large scale allegations are prevailing about these recreation clubs in public domain. Therefore, the Police Authorities are duty bound to monitor the activities of these recreation clubs by conducting surprise and regular inspections, whenever they receive any information about any illegal activities. Therefore, beyond the undertaking given by the learned counsel for the appellant in the writ petition, we are of the considered opinion that the respondent is bound to conduct inspections and check the activities of these recreation clubs in that locality.

5. With these observations, the writ appeal stands dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

(S.M.S.J.,) (C.K.J.,)

06.06.20224 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No (sha)

To

1. The Commissioner Of Police, Office Of The Commissioner Of Police, Tiruppur City, Tiruppur District.

2. The Inspector Of Police, North Police Station, North Police Station, Tiruppur District.

S .M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

(sha)

W.A.No.2828 of 2021

06.06.20224