Madras High Court
Ottanchathiram Friends Recreation ... vs The District Collector on 24 November, 2015
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.11.2015
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN
W.P.(MD) No.17251 of 2015
OTTANCHATHIRAM FRIENDS RECREATION CLUB,
REP. BY ITS PRESIDENT,
NETHAJI C.R.SENTHILKUMAR,
REGN. NO.49/2015, NETHAJI RESIDENCY,
THIRUVALLUVAR SALAI, OPP.TO BUS STAND,
OTTANCHATHIRAM POST, DINDIGUL DIST. ... Petitioner
Vs.
1. The District Collector,
Dindigul, Dindigul District.
2. The Superintendent of Police,
Dindigul, Dindigul District.
3. The Inspector of Police,
Ottanchathiram Police Station,
Dindigul District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a writ of Mandamus, forbearing the 3rd respondent herein from
interfering with the lawful day today activities of the petitioner
Association without following due process of law.
!For Petitioner : Mr.Subash Babu
For Respondents : Mr.S.Chandrasekar
Govt. Advocate
:ORDER
This petition has been filed, seeking to forbear the 3rd respondent from interfering with the lawful day today activities of the petitioner Association without following due process of law.
2.In the affidavit filed in support of the writ petition, it has been averred that the petitioner is a Recreation Club registered under the Societies Registration Act. There are 50 members on the roll of the petitioner and the main objects of the petitioner Association are to encourage its members in games and sports activities and introduce, develop and create new games, to conduct individual and special sports and games for the children and to train them in the games. The petitioner Association is not affiliated to any political party and has been performing recreation activities within the four corners of law and in strict compliance of the rules and procedures. Thus the learned counsel for the petitioner states that the Association has been doing valid and lawful activities. While so, according to the petitioner, the third respondent has entered the petitioner's office premises and interfered in the recreation activities. Now, the day to day activities of the Association are interfered with. Hence, the petitioner has come forward with the present writ petition.
3. When the matter is taken up for consideration, the learned counsel for the petitioner by relying upon the decision of this Court dated 08.02.2012, made in W.P.(MD) No.1408 of 2011 in the case of Star Recreation Club v. The Superintendent of Police, Virdhunagar District and others, submitted that in the said similar case the Writ Petition was disposed of with certain directions and in this case also similar order could be passed.
4. A perusal of the said decision would show that this Court in the said decision by relying upon the another decision of this Court in Anandham Manamagil Madram v. The Superintendent of Police, Theni and others reported in 2009 (4) CTC 264, has given certain directions and the same could be followed in this Writ Petition also.
5. Accordingly, this writ petition is disposed of with the following directions, as stipulated in other similarly situated matters:-
(i)The petitioner and the members of the club are entitled to carry on lawful activities within their premises and there should not be any interference from the police authorities, so long as their activities are not in violation of the provisions of the Public Gambling Act, 1867/Tamil Nadu Gaming Act, 1930;
(ii) In the normal circumstances, there should be no interference in the lawful functioning of the clubs by the police. It is not permissible for the police to enter the club premises as a routine measure, so long as the clubs are functioning within the frame work of law;
(iii) If the police authorities have specific information or reasonable doubt that the activities carried on by the club or its members are not in accordance with law or they indulge in unlawful activities in violation of the provisions of the Public Gambling Act, 1867/Tamil Nadu Gaming Act, 1930 or any other enactment, it would be open to them, after recording reasons in the General Diary maintained in the police station, to proceed to enter the club premises, conduct investigation, interrogate those who involve themselves in such activities and take appropriate action on merits and as per law;
(iv) While exercising the powers conferred on the police authorities, they should follow the mandatory provision as contained in Section 5 of the Tamil Nadu Gaming Act, 1930/Public Gambling Act, 1867;
(v)It is always open to the club or its members to challenge the action taken by the police, if it was not in accordance with law;
(vi)In case the police authorities were of the opinion that a situation has arisen to suspend the operation of the club in exercise of the powers conferred, they have to issue an order in writing. When there is no authority granted to the police to issue an order of suspension orally, they are not entitled to pass such oral orders; and
(vii)Before passing orders for the purpose of closure of the club, in exercise of the powers conferred on the authorities, they should follow the principles of natural justice. The club should be given an opportunity to submit their objections and if so desired, a further opportunity of personal hearing should also be given."
6. At this juncture, it is represented by the respondents that the President of the petitioner Club, namely, Nathaji C.R.Senthilkumar, has been facing a lot of criminal cases.
7. In view of the submission made by the respondents, it is made clear that this order will not preclude the respondent Police from proceeding against the said C.R.Senthilkumar in the pending criminal cases. In the event of the Police finding that his activities are related to his Club, then they shall not interfere with the lawful day today activities of the Club. No costs. Consequently, connected miscellaneous petition is closed.
To:
1. The District Collector, Dindigul, Dindigul District.
2. The Superintendent of Police, Dindigul, Dindigul District.
3. The Inspector of Police, Ottanchathiram Police Station, Dindigul District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. .