(1.) HEARD both sides. The appellant is the petitioner in W. P. No. 3466 of 2004 preferred for issue of a writ of Mandamus to forbear the respondents from preventing the functioning of the society in the premises at No. 5, Dindigul road, Near St. John Church Junction, trichy and also from preventing the members of the petitioner society from playing games of Rummy, Table Tennis, Chess, carrom Board.
(2.) THE grievance of the petitioner/appellant is that the respondents are arbitrarily interfering with the affairs of their club, infringing their rights conferred under Article 19 (1) (b) (c) (g) of the Constitution of India and the appearance of the respondents to the petitioner /appellant's club would tarnish the image of the club.
(3.) THE learned single Judge, by order dated 16-11-2004, holding that the apprehension of the petitioner/appellant is uncalled for and unwarranted, held that the respondents are only discharging their statutory function and that has to be taken in its own spirit and not otherwise. Aggrieved by the order of the learned single Judge dated 16-11-2004, the petitioner has ferred this writ appeal.