Registration dept flayed for not checking on clubs

The Madras High Court came down heavily on Tamil Nadu Societies Registration Department for failing to conduct periodical inspections and cancel the registration of such societies and clubs indulging in unlawful and illegal activities.

Justice SM Subramaniam before whom a plea moved by Pandian Recreational Club, Chennai, seeking to restrain the police from frequent inspection of the premises thereby disturbing the club members came up, said, “The common complaints against the Registration Department in the public domain is that the Department is not conducting inspections periodically nor initiating any action for cancellation of Registration, even though unlawful and illegal activities are visible in many such societies.”

However, the Bench dismissed the plea moved by the club on pointing out that the power conferred on the Police authorities under the Code of Criminal Procedure to cause such inspection cannot be taken by the Court in a writ proceeding in a routine manner.

Further, holding that only if the power is abused or misused, then alone, the Courts have to interfere and not otherwise, Justice Subramaniam said, “There are allegations against such clubs across the state of indulging in illegal activities. When such information is made available in the public domain, then the Police authorities are bound to ensure that the clubs are being run in a lawful manner and they are bound to collect information periodically to check the activities of these clubs.”

“The exercise of individual rights of the citizen cannot injure the right of the fellow citizen bestowed upon by the Constitution. Thus, any illegal activities are carried on in any such clubs, the Police authorities are empowered to conduct inspection and initiate appropriate action,” the judge held.

Also, on finding from the police counter that already four criminal cases have been registered against the petitioner’s club, Justice Subramaniam said, “Large scale allegations are noticed by the police authorities. However, the Registration Department remains as a silent spectator.” Based on this, the court on suo motu impleading the Inspector General of Registration to instruct the respective jurisdictional authorities to conduct inspections and verify the genuineness of the Registration and the activities carried on in such recreation clubs within 12 weeks.