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2025 DAILYLAW 35912 (MAD)

M/S.HEART HAPPY FOUNDATIONS RECREATION AND SPORTS CLUB v. THE SUPERINTENDENT OF POLICE

WP/9588/2025 · 2025-03-19

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

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W.P.No.9588 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.9588 of 2025 M/S.Heart Happy Foundations Recreation And Sports Club Rep By Its Secretary P. Rajive ... Petitioner Vs 1. The Superintendent of Police, Office of The Superintendent of Police, Krishnagiri District. 2. The Deputy Superintendent of Police, Uthangarai, Krishnagiri District. 3. The Inspector of Police, Uthangarai Police Station, Krishnagiri District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, forbearing the Respondents herein and the subordinate officials from in any manner interfering with the affairs of the petitioners club namely M/s. Heart happy Foundations Recreation and Sports Club, (H- help A- Actions P- Poor P- Peoples and Y- Youngsters), to play indoor and out door games and play cards with in the premises of the said club functioning in Survey No.261 A1B, Botharajampatti Vattam, Kondampatti Pudur Village and Post, Uthangarai Taluk, Krishnagiri District. https://www.mhc.tn.gov.in/judis W.P.No.9588 of 2025 For Petitioner : Mr.D.Jagadeesan For Respondents : Mr.A.Gopinath Government Advocate (Crl.side) ORDER This Writ Petition has been filed forbearing the Respondents herein and the subordinate officials from in any manner interfering with the affairs of the petitioners club namely M/s. Heart happy Foundations Recreation and Sports Club, (H- help A- Actions P- Poor P- Peoples and Y- Youngsters), to play indoor and out door games and play cards with in the premises of the said club functioning in Survey No.261 A1B, Botharajampatti Vattam, Kondampatti Pudur Village and Post, Uthangarai Taluk, Krishnagiri District. 2. The learned counsel for the petitioner submitted that the petitioner along with his friend formed a society in the name and style of M/s. Heart happy Foundations Recreation and Sports Club, and the same was duly registered with the bearing Regn.No.53/2018 and from time to time, the registration being renewed and the registration is intact now. The members of the club are hailing from a reputed family and most of the members are Lawyers, Doctors, Engineers and Businessmen. In the interest of the club members, various indoor and outdoor games are being played. In the indoor https://www.mhc.tn.gov.in/judis W.P.No.9588 of 2025 games, apart from other sports, they are playing rummy games using playing cards without any monetary benefit or private motive. While being so, the club members apprehend that the 3rd respondent Police might get into the club at any time and will disturb the peaceful administration. 3. The learned Government Advocate (Crl. Side) appearing on behalf of the respondents submitted that in this case, the club has been formed by the petitioner and got registered in the year 2018. The petitioner had sent a representation to the 1st respondent on 13.02.2025 and 14.02.2025 through post as though there is a disturbance by the 3rd respondent Police. Since there is no action taken by the respondents, this Writ Petition has been filed. According to the respondents, the club is yet to commence its activities. The 3rd respondent Police not visited the club sofar and not caused any obstacle as stated by the learned counsel for the petitioner. 4. At this stage, the learned counsel for the petitioner submitted usual order in such petition may be passed and also produced the order copy in W.P.No.14677 of 2023, dated 05.05.2023, along with the typed set of papers. https://www.mhc.tn.gov.in/judis W.P.No.9588 of 2025 5. In view of the above, the petitioner's club is permitted to allow play of etc., games without any monitory benefit or any other gambling activities. Further, the petitioner is directed to install CCTV camera in the entrance of the club, so that the activities of the club can be recorded, and also directed to maintain attendance register with particulars of the members. The same to be produced as and when called for and sought by the second respondent Police. The third respondent Police can conduct surprise check without affecting normal functioning of the club activities and also take action if any illegal activities are found to be encouraged in the club. 6. In the light of the above discussions, this Writ Petition petition is disposed of. No costs. 19.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn https://www.mhc.tn.gov.in/judis W.P.No.9588 of 2025 To 1. The Superintendent of Police, Office of The Superintendent of Police, Krishnagiri District. 2. The Deputy Superintendent of Police, Uthangarai, Krishnagiri District. 3. The Inspector of Police, Uthangarai Police Station, Krishnagiri District. 4. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis W.P.No.9588 of 2025 G.K.ILANTHIRAIYAN. J, mn W.P.No.9588 of 2025 19.03.2025 https://www.mhc.tn.gov.in/judis