Dream Recreation Club-Madurai South vs The Commissioner Of Police
2024 Latest Caselaw 180 Mad

Madras High Court

Dream Recreation Club-Madurai South vs The Commissioner Of Police on 3 January, 2024

Author: Sathi Kumar Sukumara Kurup

Bench: Sathi Kumar Sukumara Kurup

                                                                          W.P(MD)No.31350 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 03.01.2024

                                                      CORAM :

                         THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                            W.P(MD)No.31350 of 2023


                     Dream Recreation Club-Madurai South,
                     represented by its President,
                     Senthilkumar                                        ...Petitioner

                                                        Vs.

                     1. The Commissioner of Police,
                        Madurai City,
                        Madurai.

                     2. The Inspector of Police,
                        Theppakulam Police Station,
                        Madurai City.                                   ...Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus, forbearing the
                     second respondent herein from interfering with the lawful day to day
                     activities of our association namely Dream Recreation Club-Madurai
                     South without following the due process of law.


                                  For Petitioner      : Mr.K.Sathish Kumar
                                  For Respondents     : Mr.T.Senthil Kumar
                                                        Additional Public Prosecutor


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https://www.mhc.tn.gov.in/judis
                                                                              W.P(MD)No.31350 of 2023




                                                         ORDER

The Petitioner in this Writ Petition seeks Mandamus against the

Respondents No.1 and 2 from interfering with the contract and the

activities of the club.

2. It is the further submission of the learned Counsel for the

Petitioner that no illegal activities are carried out in the club. Also he

had submitted that the club was registered under the Tamil Nadu

Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975).

3. The learned Additional Public Prosecutor submits that the

Petitioner/club registered under the Tamil Nadu Societies Registration

Act, 1975 (Tamil Nadu Act 27 of 1975), had not obtained any permission

from the first Respondent regarding the club as per the statute. Also he

submitted that the same Petitioner was involved in two other cases.

Therefore, he cannot seek Writ of Mandamus against the Police officials,

who are performing their duty.

https://www.mhc.tn.gov.in/judis

4. The learned Counsel for the petitioner by way of rejoinder relied

on the covered judgment by this Court in W.P.(MD)No.3705 of 2014.

5. The learned Additional Public Prosecutor also submitted that

they have not obtained permission from the statutory authorities under

the Public Premises Act. The ruling cited by the learned Counsel for the

Petitioner claiming that it is covered will not help the case of the

Petitioner. The Petitioner had only registered under the Tamil Nadu

Societies Registration Act. They have to obtain permission for running

the club from the Police officials as per the "Tamil Nadu Public

Building Act, 1965".

6. In the light of the above submission by the learned Additional

Public Prosecutor, this petition is liable to be dismissed. The Petitioner

is directed to file appropriate petition before the competent authority

under the "Tamil Nadu Public Building Act, 1965" for permission to

run the club.

https://www.mhc.tn.gov.in/judis

7. With the above said direction, this Writ Petition is dismissed.

No costs.

03.01.2024 Internet:Yes Index :Yes/No jbr

To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Theppakulam Police Station, Madurai City.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai

https://www.mhc.tn.gov.in/judis

SATHI KUMAR SUKUMARA KURUP, J.

jbr

03.01.2024

https://www.mhc.tn.gov.in/judis