Madras High Court
King Queen Recreation Club vs The Superintendent Of Police on 17 September, 2019
Author: G.Ilanthiraiyan
Bench: G.Ilanthiraiyan
1 W.P.(MD)No.23936 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :17.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANTHIRAIYAN
W.P.(MD)No.23936 of 2018
and
W.M.P.(MD).No.21654 of 2018
King Queen Recreation Club,
rep. by its Secretary,
K.Matcharaja,
Sennakarampatti,
Melur Taluk,
Madurai District. ... Petitioners
Vs.
1.The Superintendent of Police,
District Superintendent of Police Office,
Madurai District.
2.The Inspector of Police,
Melur Police Station,
Madurai District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, forbearing the respondents
from any way interfering with the day-to-day affairs of the activities of the
petitioner's Club namely King Queen Recreation Club, Melur, Madurai or its
members and right to avail the facilities for playing rummy, carom, chess
and other indoor games by not involving any element of gambling in its
premises at 1C-2/2 Pudhupuram Colony, Channel Road, Melur, Madurai
District.
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http://www.judis.nic.in
2 W.P.(MD)No.23936 of 2018
For Petitioner : Mr.F.Deepak
For Respondents : Mr.A.Anandharaj
Additional Public Prosecutor
******
ORDER
This Writ Petition has been filed seeking a direction to the second respondent forbearing the respondents from any way interfering with the day-to-day affairs of the activities of the petitioner's Club namely King Queen Recreation Club, Melur, Madurai or its members and right to avail the facilities for playing rummy, carom, chess and other indoor games by not involving any element of gambling in its premises at 1C-2/2 Pudhupuram Colony, Channel Road, Melur, Madurai District.
2. The grievance of the petitioner is that, the club was registered under the Tamil Nadu Societies Registration Act, 1975. The petitioner 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.
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3. The learned counsel appearing for the petitioner would contend that the Club has been 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.
4. Per contra, the learned Additional Public Prosecutor 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 Additional Public Prosecutor 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 3/9 http://www.judis.nic.in 4 W.P.(MD)No.23936 of 2018 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 reason to differ. Informing that appellant has to obtaining necessary permission under Tamil Nadu Places of Public Resort Act, 1888 and on doing so, it would be open for the appellant Club to indulge in Rummy Card games and other recreation activities, other than those that what offend the Tamil Nadu Gambling Act, this Writ Appeal stands dismissed.”
5. That apart, the learned Additional Public Prosecutor appearing for the respondents has relied upon Section 34 of the Chennai City Police Act, 1888. Section 34 of the above said Act reads as follows:-
“34.Places of public resort to be licensed-(1)No enclosed place or building having an area of five hundred square feet or upwards shall be used for public entertainment or resort without a licence from the Commissioner.
Provided that nothing contained in this Sub-Section shall apply to any Church, Temple, Mosque, or other place of worship.
(2)The Commissioner may, at the time of grant of a licence under Sub-Section (1) or at any time during the currency of any such licence, require any person, other than a local authority, applying for such licence or the holder of such licence, as the case may be, to deposit with the Commissioner in cash or 4/9 http://www.judis.nic.in 5 W.P.(MD)No.23936 of 2018 in Government promissory notes for such sum, as may be prescribed as security for the due observance of the conditions of licence.
(3)Where there is breach or non-observance of the conditions of the licence granted under Sub-Section (1) the Commissioner may forfeit the security so deposited to the Government.
(4)The forfeiture of the deposit shall not be a bar for proceeding against the holder of the licence under the provisions of Section 76.”
6. I have considered the rival submissions and also perused the records carefully.
7. The main grievance of the petitioner is that, the petitioner is running the Club for the benefit of its members without violating any law, and they need not obtain any licence from any authority. But as per the Judgment relied upon by the learned Additional Public Prosecutor appearing for the respondents, all the Clubs should necessarily get license under the Tamil Nadu Places of Public Resorts Act, 1888, and which was also confirmed by the Division Bench of this Court.
8. Considering the above circumstances, without going into the merits of the case, I am inclined to issue a direction to the petitioner to 5/9 http://www.judis.nic.in 6 W.P.(MD)No.23936 of 2018 approach the authority concerned, seeking for licence under Section 3 of the Tamil Nadu Places of Public Resort Act, 1888, as per the order passed by this Court in W.P.(MD).Nos.5560 of 2018, etc., batch cases, dated 13.07.2018 and, the petitioner is also directed to submit necessary application under Section 34 of the Madras City Police Act, 1888, before the competent authority, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such application, the competent authorities are directed to pass orders on the application, within a period of six weeks thereafter.
9. If the concerned authorities granted license to the petitioner, the second respondent police shall not interfere with the running to day to day activities of the club unless the petitioner's club involved in any illegal activities or members of the club causes disturbance to the general public.
10. This Writ Petition stands disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.
17.09.2019 Index :Yes/No Internet:Yes/No Arul 6/9 http://www.judis.nic.in 7 W.P.(MD)No.23936 of 2018 To
1.The Superintendent of Police, District Superintendent of Police Office, Madurai District.
2.The Inspector of Police, Melur Police Station, Madurai District.
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