LAWS(MAD)-2023-4-92

ROYAL YANAM RECREATION SOCIETY Vs. COMMISSIONER

Decided On April 28, 2023
Royal Yanam Recreation Society Appellant
V/S
COMMISSIONER Respondents

JUDGEMENT

(1.) The writ petitioner seeks for a Writ of Certiorarified Mandamus calling for the records on the file of the 1st respondent in its proceedings in No.3077 / B2 / YM / 2022 / 3, dtd. 15/4/2022, of the 2nd respondent in his order in No.14869 / SDMY / D3 / Gamble / 2021-2022, dtd. 15/4/2022 and of the 4th respondent by his order in No. 469 / SPY / DR / 2022, dtd. 16/4/2022, quash the same and consequently directing the respondents not to interfere with the petitioner Society's functioning in any manner except in accordance with law.

(2.) The petitioner is a Society registered under the Societies Registration Act, 1860. It started a recreational club for its members. Fearing interference by the Police, a Writ petition came to be filed before this Court in W.P.No.24852 of 2021. The prayer was to forbear the police officials from interfering with the day to day affairs and rights of the petitioner/Society in any way including playing of Rummy (13 cards) and other recreational activities without any reasonable cause. This Court disposed of the said Writ Petition in the following terms:

(3.) Thereafter, the petitioner had made an application for grant of license to the 1st respondent. The 1st respondent had also granted a licence on 18/1/2022. The application for license had been filed in December 2021 and the license was granted in the year 2022. The license was sought for under Sec. 355 of the Puducherry Municipalities Act, 1973. Even in the application, the deponent, who is the Secretary of the Society, had stated that he would be the licensee and the purpose for which the license has been sought for is for running recreation games including other recreational activities that are legal and in accordance with law. The applications further stated that the name and style of the trade is M/s.Royal Yanam Recreational Society. The area covered for the purpose of business was given as 5,000 sq.ft.