WP(MD). No.3864 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED:16.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

WP(MD). No.3864 of 2022

Maya Recreation Club,

Represented by its Secretary,

Dhandapani.

... Petitioner

Vs

1. The Superintendent of Police,

Dindigul District,

Dindigul.

2. The Inspector of Police,

Vedasandur Police Station,

Dindigul District.

... Respondents

PRAYER :- Writ Petition is filed under Article 226 of the

Constitution of India, praying this Court to issue a WRIT OF

MANDAMUS forbearing the 2^nd Respondent and their subordinates from

in any manner interfering with the rights of the members of the

petitioner's club namely Maya Recreation Club to play a rummy and

other indoor games, other games in the premises of the petitioner`s

club situated in (*)Door No. 7/83A, Karukkampatti, V.Pudukkottai,

Vedasandur, Dindigul District without following the due process of

law.

For Petitioner

: Mr.C.Susi Kumar

For Respondents

: Mr.B.Thanga Aravindh,

Government Advocate

(Criminal Side)

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus

forbearing the 2^nd Respondent and their subordinates from in any

manner interfering with the rights of the members of the

petitioner's club namely Maya Recreation Club to play a rummy and

other indoor games, other games in the premises of the petitioner`s

club situated in (*)Door No. 7/83A, Karukkampatti, V.Pudukkottai,

Vedasandur, Dindigul District without following the due process of

law.

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WP(MD). No.3864 of 2022

2.Heard the learned counsel for the petitioner and the learned

Government Advocate (crl.side) for the respondents.

3. The grievance of the petitioner is that, the club was

registered under the Tamil Nadu Societies Registration Act, 1975.

The petitioner, who is the Secretary, is running the Club to promote

various facilities to their members and it is not involving in any

illegal activity. According to the petitioner, the respondent Police

are interfering and disturbing the lawful activities of the Club,

without following any provisions of law and preventing them from

doing their activities peacefully. Hence, the present Writ Petition

has been filed.

4. The learned counsel for the petitioner submitted that the

Club was registered under the Tamil Nadu Societies Registration Act,

1975, and the Club is being run for the benefit of its' members.

The petitioner's Club was entitled to conduct lawful activities in

its premises and also could conduct entertainment programmes. The

respondent Police have no power to deny the petitioner's Club to

conduct lawful activities.

5. The learned Government Advocate (crl.side) appearing for the

respondents would submit that the petitioner's club was registered

under the Tamil Nadu Societies Registration Act, 1975. They are

conducting various programmes to entertain their members. Based on

some reliable information, the respondent Police made a search in

the Club. Apart from that, the petitioner has not obtained licence

as per Section 3 of the Tamil Nadu Places of Public Resort Act,

1888. The learned Government Advocate (criminal side) relied upon

the order passed by this Court in W.P.(MD).Nos.5560 of 2018, etc.,

batch cases-[Mass Recreation Club-Shengottah represented by its

Secretary Vs. The Superintendent of Police, Tirunelveli District,

Tirunelveli and others], dated 13.07.2018, wherein, this Court held

that the petitioner should necessarily get license from the

Authority concerned under Section 3 of the Tamil Nadu Places of

Public Resort Act, 1888. The above order has been confirmed by a

Division Bench of this Court in W.A.(MD).No.1017 of 2018, dated

31.07.2018. The relevant portion of the judgment reads as follows:-

“3.We have recorded the reason for dismissal of the Writ

Petition. We find absolutely no reas