Madras High Court
Thennilai Sencherivalasu Malar vs The Superintendent Of Police on 7 November, 2014
Author: M.Venugopal
Bench: M.Venugopal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2014 CORAM THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition No.17918 of 2014 and M.P.(MD) No.1 of 2014 Thennilai Sencherivalasu Malar Recreation Club, Rep. by its Secretary, S.Rameshbabu, S/o.Senthilvel, A Registered Society, Regn. No.56/2014, Sencherivalasu, Thennilai South, Aravakurichi Taluk, Karur District. : Petitioner Vs. 1.The Superintendent of Police, Karur District. 2.The Inspector of Police, Thennilai Police Station, Karur District. : Respondents PRAYER-Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the second respondent herein from interfering with the lawful day-to-day activities of the petitioner association without following the due process of law. !For Petitioner : Mr.R.Maheswaran For Respondents : Mr.V.Muruganandam Additional Government Pleader :ORDER
Heard Mr.R.Maheswaran, the Learned Counsel appearing for the Petitioner and Mr.V.Muruganandam, the Learned Additional Government Pleader appearing for the Respondents.
2.According to the learned counsel for the petitioner, the petitioner club is a recreation club registered under the Societies Registration Act vide Registration No.56/14 in Form II under Section 10 of the Tamil Nadu Act 27 of 1975. The petitioner club had commenced its recreation activities on and from 08.08.2014. While this being the fact situation, it is the case of the petitioner that the second respondent/Inspector of Police, Thennilai Police Station, Karur District had entered into petitioner club premises and interfered with its recreation activities. As a matter of fact, the second respondent had not found any illegal act and no case was registered against the petitioner. The petitioner club had made representation dated 31.10.2014 (but sent on 01.11.2014) addressed to the first respondent to intervene in the subject matter in issue and sought for issuance of directions to the second respondent to desist from interfering with the petitioner club's lawful activities. However, the first respondent had not chosen to respond to the same and the second respondent police is continuing their conduct in abusing of power. In reality, the respondents 1 and 2 have not considered the petitioner's grievance and failed to step in the subject matter in issue and also that no action was taken by them within the reasonable time. Therefore, the petitioner left with no option but to file the present writ petition before this Court.
3.Per contra, the learned Additional Government Pleader appearing for the respondents 1 and 2 submits that the respondents are not harassing the petitioner in any manner and also not interfering with the activities of the petitioner's club.
4.At this stage, the learned counsel for the petitioner seeks in aid of the order dated 20.10.2010 in W.P.(MD) No.12489 of 2014 (R.S.Recreation Club, rep. by its Secretary vs. The District Collector, Theni District and others) and emphatically submits that the said order passed by this Court in the writ petition also squarely applies to the facts of the present writ petition. In paragraphs 2 and 3 of the above Writ Petition, it is observed and held as follows:
"2. In similar circumstances, this Court in the case of Anandham Manamagil Mandram v. The Superintendent of Police, reported in 2009(4) CTC 264, has issued certain directions. The directions are as follows:-
(i)The petitioner and the members of the Club are entitled to carry on lawful acitivies within their premises and there should not be any interference from the police authorities, so long as their acitivies 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 enacment, 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.
3. Following the earlier order passed by this Court in Anandham Manamagil Mandram's case cited supra, the Writ Petition stands disposed of with the same directions, as extracted above. Consequently, the connected Miscellaneous Petition is also closed. No costs."
5.Therefore, this Court keeping in tune with the earlier order passed by this Court in W.P.(MD) No.12489 of 2010 dated 20.10.2010 dispose of the present Writ Petition on the same directions. No costs. Consequently, the connected miscellaneous petitions is closed.
To
1.The Superintendent of Police, Karur District.
2.The Inspector of Police, Thennilai Police Station, Karur District.