BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.14670 of 2023 White Lotus Sports Recreation Club, rep. by its Secretary P. Rajendran, S/o. Pandi. ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Y.Othakadai, Madurai.

3.The Inspector of Police, Appan Thirupathi Police Station, Madurai. .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the representation, dated 09.05.2023 and directing the respondents not to interfering any way the petitioner's Recreation Club frequently under the guise of inspection without there being any reliable information as to the illegal activities of the club or its members or its guests.

For Petitioner : Mr.S. Sivaprakash For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

The writ petitioner filed this Writ Petition, to direct the respondents to consider the representation, dated 09.05.2023 and direct the respondents not to interfere any way the petitioner's Recreation Club frequently under the guise of inspection without there being any reliable information as to the illegal activities of the club or its members or its guests.

2.The facts in brief:

The petitioner desires of opening a Club in the name and style of “White Lotus Sports Recreation Club” with an objective to promote indoor and outdoor games among the members of the club and public. The above said club was registered under the provisions of Tamil Nadu Societies Registration Act, 1975 and other formalities for the above said building is also applied. Based on the information, the respondents came to the club and asked to produce the licence. They also warned them not to run the club without proper permission. The petitioner also informed the respondents that they are not engaged in any illegal activity and paying cost. But, however, threat was made by the respondents to close the club. So this petition has been filed.

3.Heard both sides.

4.Only the above said club has been registered under the Provisions of Tamil Nadu Societies and Registration Act, 1975. But, so far as licence from the competent authority, as per the provisions of Tamil Nadu Places of Public Resort Act, 1988, as mended periodically, proper licence is not obtained from the competent authority so far. Only a representation has been made to the respondents seeking permission to open the above said Club in the new place.

5.Section 4 of the Act reads as under.

“4.When any person desires to obtain a licence to use any enclosed place or building for public resort or entertainment, or to construct any enclosure or building for such purpose, he shall send an application to the authority named in Section 5, setting forth the name of the owner of the place or building, its situation, size and description, the material of which the enclosure or building is made or proposed to be made, whether it is or is proposed to be permanent or temporary, and the purpose for which, it is proposed to be used.”

6.As per the above said section proper licence must be obtained by the petitioner. Section 5 speaks about the presenting of the application.

Section 6 speaks about the procedure to be adopted.

7.Section 4-A of Tamil Nadu Act 54 of 1981 lays down certain conditions which reads as follows:

“4-A Conditions subject to which licence may be granted. - Notwithstanding anything contained in this Act or in any other law for the time being in force, no applicable for licence under Section 4 shall be entertained unless the following conditions are complied with by the applicant, namely:-

(a) the applicant shall give an undertaking in writing to the authority or officer referred to in section 5 that the enclosed place or building shall not be used for the purpose of displaying any indecent or obscene play or dance or other like perfo