Allowed

Vedanthangal Recreation v. the District Collector

Madras HC25 Apr 2014WP(MD)/2657/2014

Case brief

AI extract

What is this about?

The Madras High Court disposed of a writ petition seeking a stay on police interference with a registered recreation club's activities. The Court held that police cannot routinely enter club premises unless there is specific information or reasonable doubt regarding unlawful activities, must follow the Tamil Nadu Gaming Act, and cannot issue oral suspension orders without a written mandate. The Co

What did the court decide?

Directions issued restraining the third respondent from interfering with the club's lawful activities and requiring police to follow statutory mandates and natural justice if proceeding with investiga

Vedanthangal Recreation Vs the District… — Pension and Retirement Benefits | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.04.2014

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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W.P.(MD)No.2657 of 2014 and M.P.(MD).No.1 of 2014

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Vedanthangal Recreation Club, represented by its Secretary, N.Chinnamayan, a registered Society, registered No.59/2013, 6, Priyatharshini Nivas, Gandhi Nagar, Aathumedu, Vedasanthur Post, Dindigul District.

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... Petitioner

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Vs.

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The District Collector, Dindigul District.

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The Superintendent of Police, Dindigul District.

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The Inspector of Police, Vedasanthur Police Station, Dindigul, Dindigul District. ... Respondents

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Prayer: The Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the third respondent herein from interfering with the day to day activities of the petitioner's Association 6, Priyatharshini Nivas, Gandhi Nagar, Aathumedu, Vedasanthur Post, Dindigul District without following due process of law.

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For Petitioner : Mr.M.SubAsh Babu For Respondents : Mr.V.Pandi, https://hcservices.ecourts.gov.in/hcservices/ Government Advocate

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ORDER

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The prayer in the writ petition is seeking for a Writ of Mandamus, forbearing the third respondent herein from interfering with the day to day activities of the petitioner's Association, situated at No.6, Priyatharshini Nivas, Gandhi Nagar, Aathumedu, Vedasanthur Post, Dindigul District without following due process of law.

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In the affidavit filed in support of the writ petition, it has been averred that the petitioner Association is a Recreation Club registered under the Societies Registration Act, vide Registration No.59/2013 on 23.12.2013 in Form II under Section 14(1) and 17(1) of Tamil Nadu Registration Act 27 of 1975. The main objects of the petitioner Association are to encourage its members in games and sports activities and introduce, develop and create skills in new games, to conduct individual and special sports and games for the children and to conduct training for the children in the games, to prepare the members and the children to participate in Tournaments at the District Level. Besides the above said activities, games like Kabadi, Tennis, Basket Ball, Volly Ball rummy with stakes and other indoor games are conducted and requisite training programmes are offered. The petitioner Association is not affiliated to any political party and has been performing recreation activities within four corners of law and in strict compliance of the rules and procedures. Thus, the petitioner Association has been doing valid and lawful activities. While so, on 11.01.2014, the third respondent has entered the petitioner's office premises and interfered with the recreation activities. Hence, the petitioner preferred a complaint to the first and second respondents that the third respondent visited the petitioner Association and caused disturbance, but the first and second respondents asked the Secretary and other office bearers to appear before the third respondent. Therefore, the petitioner and other office bearers have also appeared before the third respondent police and without any enquiry, they were made to wait for a long time and then directed them to leave the place. In view of the above conduct of the third respondent, not only the office bearers of the petitioner Association are harassed, but the day to day recreation activities are being interfered with. Hence, the petitioner sent a representation to the respondents 1 and 2 herein on 01.02.2014 to direct the third respondent not to interfere with the day to day affairs of the petitioner Society. But the first and second respondents have not taken any steps to prevent the third respondent from https://hcservices.ecourts.gov.in/hcservices/ disturbing the day to day affairs of the petitioner Society. Hence, the petitioner has come forward with the present writ petition.

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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 Star Recreation Club v. The Superintendent of Police, Virdhunagar District and others and 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.

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A perusal of the said decision would show that this Court in the said decision by relying upon the 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.

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Accordingly, this writ petition is disposed of with the following directions, as stipulated in other similarly situated matters:-

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(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;

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(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;

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(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 https://hcservices.ecourts.gov.in/hcservices/ the General Diary maintained in the police station, to proceed to enter the club premises, conduct investigation, interrogate those who

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involve themselves in such activities and take appropriate action on merits and as per law;

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(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;

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(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;

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(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

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(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."

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No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/-

Assistant Registrar

/True Copy/

Sub Assistant Registrar

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