Madras High Court
A.J.S Recreation And Sports Welfare ... vs The Superintendent Of Police on 10 January, 2025
Author: M. Nirmal Kumar
Bench: M.Nirmal Kumar
W.P.(MD)No. 717 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.(MD)No. 717 of 2025
A.J.S Recreation and Sports Welfare Association
Rep. by its President
Ajmeerkhan
S.P.Pandian Complex
Meenakshinaickenpatti
Palani Byepass Road
Dindigul ... Petitioner
Vs.
1.The Superintendent of Police,
Dindigul District
2. The Deputy Superintendent of Police
Dindigul Road, Dindigul District
3. The Inspector of Police
Thaikombu Police Station
Dindigul 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
in any way interfering with the functioning of the petitioner association in
accordance with the by-laws of the association
1/9
https://www.mhc.tn.gov.in/judis
W.P.(MD)No. 717 of 2025
For Petitioner : Mr.D.Venkatesh
For Respondents : Mr.A.Thiruvadikumar
Additional Public Prosecutor
ORDER
This Writ Petition has been filed seeking a direction forbearing
the respondents in any way interfering with the functioning of the petitioner
association in accordance with the by-laws of the association
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.
3. The learned counsel appearing for the petitioner would
contend that the Club was registered under the Tamil Nadu Societies
Registration Act, 1975, and the Club is being run for the benefit of its'
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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 Clubs 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
respective Clubs. 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 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
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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
in Government promissory notes for such sum, as may be
prescribed as security for the due observance of the conditions of
licence.
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(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 their 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 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
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
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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
third 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.
10.01.2025
Index :Yes/No
Internet:Yes/No
aav
https://www.mhc.tn.gov.in/judis
To
1.The Superintendent of Police,
Dindigul District
2. The Deputy Superintendent of Police
Dindigul Road, Dindigul District
3. The Inspector of Police
Thaikombu Police Station
Dindigul District
https://www.mhc.tn.gov.in/judis
M. NIRMAL KUMAR ,J
aav
10.01.2025
https://www.mhc.tn.gov.in/judis
