A writ petition under Article 226 sought to restrain police interference with a sports club's activities. The court observed that without a required license under the Tamil Nadu Public Buildings (Licencing) Act, 1965, a cause of action did not exist.
Petitioner granted liberty to apply and obtain a license to run the club.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2019
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 12544 of 2019
P. Murugan ... Petitioner
-vs-
(Suomotu impleaded as the fourth respondent or dt:6/11/19)
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Third Respondent herein not to interfere with the peaceful and lawful activities of the Mettur Bharathi Sports and Recreation Club, located at No. 66, B Block, Goods Road, Mettur Dam (RS Post), Salem – 636 407. In light of the undertaking given by the President in his representation dated 10.04.2019 and also in the light of the directions issued in W.A. No. 296 of 2013 dated 06.10.2017 and W.P. No. 29444 of 2018 dated 22.11.2018.
For Petitioner : Mr. V.Vijayashankar
For Respondents: Mr. M.Karthikeyan Additional Government Pleader
1
O R D E R
Heard Mr. V. Vijayashankar, Learned Counsel for the Petitioner and Mr. M. Karthikeyan, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2
Counsel for the Petitioner submits that the Petitioner has not obtained the requisite licence under Section 3 of the Tamil Nadu Public Buildings (Licencing) Act, 1965, for running the club in the building.
3
+1cc to Mr. V.Vijayashankar, Advocate SR.92657 +1cc to the Government Pleader SR.92465
W.P. No. 12544 of 2019
VBA(CO) CB(02/12/2019)
4
2 issues framed by the court
Whether a High Court can grant a writ of mandamus directing police not to interfere with a club's activities where the club lacks a required license under the Tamil Nadu Public Buildings (Licencing) A
Whether the absence of a requisite license bars the grant of the relief sought by the petitioner.
Colour shows how this judgement treated each authority
Director General of Police, Chennai -vs- S. DillibabuExplained¶22
(order dated 06.10.2017 in W.A. No. 296 of 2013)
I. Mohammed Razvi -vs- District Collector, MaduraiReferred¶22
(order dated 12.12.2017 in W.P. (MD) Nos. 23753, 20775 and 2188 of 2016 and W.P. (MD) No. 12915 of 2017)
2 provisions across 2 enactments
P. Murugan
The Superintendent of Police, District Police Office, Neethimedu, Salem 636 002
The Deputy Superintendent of Police District Police Office, Mettur Dam, Mettur, Salem 636 002
The Inspector of Police, Karumalaikudal Police Station, Mettur Dam R.S-2, Salem – 636 402
The District Registrar(Administration) Registrar of Societies(AIG Cadre) District Registrar Office, Salem West, Salem District
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
