M/s.Perumal Manamagil Mandram vs The Commissioner of Police
- Court
- Madras High Court
WP Crl.(MD) No. 5869 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04-11-2026
CORAM
THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI
WP Crl.(MD) No. 5869 of 2026
CNR:{HCMD011537612026}
AND
WMP CRL.(MD) No. 1294 of 2026
M/s. Perumal Manamagil Mandram,
Represented by its Secretary, C.Vaseekaran,
S/o. Chandrabalan,
No. 456A, Masthanpatti,
Vandiyur Bypass,
Madurai.
..Petitioner
Vs
The Commissioner of Police,
Madurai City,
Madurai.
..Respondent
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus or any other
appropriate writ or order or direction particularly in the nature of writ,
calling for the records pertaining to the impugned order issued by the
respondent in Na.Ka.No.V3/902/16/2025 dated 04.10.2026, and quash
the same and consequently, direct the respondent to renew the licence of
petitioner club under section 34 and 35 of Chennai City Police Act, 1888
and pass such further or other orders as this Court may deem fit.
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For Petitioner : Mr. Ananda Padmanabhan
Senior Counsel
for M/s.T.Bashyam
For Respondent : M/s.K.Suyambulinga Bharathi
Additional Public Prosecutor
ORDER
The present Writ Petition has been filed challenging the
proceedings dated 04.10.2026 issued by the respondent, whereby the
police license granted to the petitioner club under Sections 34 and 35 of
the Madras City Police Act, 1888, was cancelled, and seeking a
consequential direction to the respondent to renew the said license.
2. The case of the petitioner is that it is a recreation club registered
under the Societies Registration Act and that it has been granted an FL2
license by the competent authority for serving liquor to its members and
their guests, subject to the applicable statutory provisions and licensing
conditions. The petitioner states that it was granted police license bearing
license No. V4/RC-29/2023 on 21.03.2023, which was subsequently
renewed for the year 2024. The petitioner thereafter submitted an
application seeking renewal for the year 2025.
3. According to the petitioner, the renewal application was kept
pending by the respondent. Subsequently, the respondent issued a notice
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dated 10.06.2026, referring to the existence of a hospital, educational
institutions, a bus stop and a temple in the vicinity of the club and calling
upon the petitioner to submit its explanation. The petitioner submitted its
explanation on 23.06.2026, denying the allegations and contending that it
had not violated any of the conditions of the license.
4. The grievance of the petitioner is that, notwithstanding the
explanation submitted, the respondent passed the impugned proceedings
dated 04.10.2026 cancelling the license without properly considering its
explanation and without affording an opportunity of personal hearing. It
is further contended that the petitioner had been granted the license after
consideration of the relevant circumstances and that the respondent
cannot subsequently refuse renewal on grounds that were already in
existence when the license was originally granted.
5. The learned counsel for the petitioner relied upon the judgement
reported in 2024 5 LW 392, Mariappan vs. District Collector, Theni
District and Others , contending that an order passed without
considering the explanation submitted to a show cause notice and without
complying with the requirements of procedural fairness is liable to be set
aside. Reliance was also placed upon D.P.Anand vs. State of Tamil
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Nadu and Another, reported in 1998 CRL. L.J 724 , wherein the
authority was directed to reconsider the petitioner's application in the
light of the observations made by the Court.
6. The respondent filed a counter affidavit resisting the Writ
Petition. The respondent stated that, upon receipt of the petitioner's
application for renewal, the matter was referred to the jurisdictional
police station for field verification. The report revealed that Vikram
Hospital and a bus stop were situated within approximately 100 metres of
the club. It was further reported that Arulmigu Pandi Muni temple, which
attracts a considerable number of devotees and members of the public,
was situated nearby. The respondent further contended that the field
verification report disclosed that persons who were not members of the
club were being permitted to enter the premises, purchase liquor and
consume the same therein. According to the respondent, condition No.2
of the license specifically prohibited the admission of non members,
while condition No.5 required the club to ensure that public peace and
safety were not disturbed and that its functioning did not cause nuisance
to the public.
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7. The counter affidavit also referred to an incident involving 8
persons alleged to be non members and one Bharatraj, a Salesman
working at the club, in connection with which a complaint was lodged
and a criminal case was registered in Crime No.173 of 2026. The
respondent further stated that, representations had been received from
members of the public seeking closure of the club.
8. According to the respondent, the impugned decision was not
based merely on the existence of a hospital, educational institutions, a bus
stop or a temple in the vicinity. The cumulative effect of the field
verification report, the alleged violation of the licensing conditions, the
incident reported at the premises, the representations received from the
public and the movement of the general public in the locality were taken
into consideration in the interests of public safety, public convenience
and the maintenance of public order.
9. The respondent further submitted that the petitioner had been
issued a show-cause notice dated 10.06.2026 and that its explanation
dated 23.06.2026 was received and considered along with the field
verification report and the other materials available on record. It was
contended that the decision was taken in the bona fide exercise of
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statutory powers and that the petitioner has no automatic or unconditional
right to renewal of the police license.
10. I have considered the submissions made by the learned counsel
appearing for the petitioner and the learned Additional Public Prosecutor
appearing for the respondent and perused the materials placed on record.
11. The issue that arises for consideration is whether the impugned
proceedings warrant interference under Article 226 of the Constitution of
India on the grounds raised by the petitioner.
12. At the outset, it must be observed that grant of a license to
operate a club is subject to compliance with the applicable statutory
provisions and the conditions imposed by the competent licensing
authority. The fact that a license was granted in an earlier year does not
confer an indefeasible right upon the licensee to insist upon its renewal
irrespective of subsequent circumstances, alleged violations of the
licensing conditions or considerations relating to public safety.
13. In the present case, the respondent has specifically referred to
the conditions imposed in the police license. Condition No.2 prohibits the
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admission of non members into the club, while condition No.5 requires
the petitioner to ensure that the functioning of the club does not disturb
public peace and safety or cause nuisance to the public.
14. The respondent has further relied upon the field verification
report, which allegedly disclosed that non-members were being permitted
to enter the premises and consume liquor. The respondent has also
referred to an incident that resulted in the registration of Crime No.173 of
2026 and representations received from members of the public seeking
closure of the club.
15. These circumstances are relevant to the assessment of whether
the petitioner continues to comply with the licensing conditions and
whether the operation of the club is consistent with public safety and
convenience. The licensing authority is not required to remain passive
until a serious breach of public peace occurs. It is entitled to take
preventive and regulatory measures on the basis of relevant material,
provided that such measures are taken within scope of its statutory
powers. At the same time, the registration of a criminal case cannot, by
itself, be treated as proof of the guilt of the persons concerned.
16. In the present case, however, the respondent has not relied
exclusively upon the registration of the criminal case. The counter
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affidavit refers to the field verification report, the alleged violation of
specific license conditions, the nature of the locality and the
representations from the members of the public. These matters have been
relied upon cumulatively in support of the licensing decision.
17. The petitioner has contended that the hospital, bus stop and
temple were already in existence when the license was originally granted.
However, the mere fact that the license was granted in 2023 does not
preclude the respondent from subsequently examining whether club's
continued operation complies with the licensing conditions and whether
the circumstances prevailing at the relevant time warrant regulatory
action. The authority is entitled to assess the matter on the basis of the
circumstances existing when the application for renewal is considered.
18. Further, the petitioner's contention that it has obtained an FL2
license from the Prohibition and Excise Department does not, by itself,
establish an entitlement to renewal of the separate police license. The two
licenses operate within their respective statutory frameworks.
Compliance with the conditions of one license does not dispense with the
obligation to comply with the conditions imposed under the other.
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19. The contention that the impugned proceedings were passed
without considering the petitioner's explanation dated 23.06.2026 also
requires consideration. The respondent has specifically stated in the
counter affidavit that the explanation was received and considered along
with the field verification report and other relevant materials. The
petitioner has not demonstrated, on the materials placed before this Court,
that the respondent acted without jurisdiction or relied upon wholly
irrelevant considerations. The fact that the impugned order may not
reproduce every submission made in the petitioner's explanation does not,
by itself, establish non-application of mind. What is material is whether
the authority considered the relevant circumstances and exercised its
statutory power for a legitimate purpose.
20. The principles of natural justice require a fair opportunity to
respond to the allegations forming the basis of an adverse decision. In the
present case, the respondent issued a show-cause notice dated
10.06.2026, and the petitioner submitted its explanation dated
23.06.2026. The respondent asserts that the explanation was considered
before the impugned decision was taken. The petitioner has not
established that the applicable statutory provision invariably require a
separate personal hearing in addition to the opportunity to submit a
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written explanation. The necessity and scope of personal hearing must be
determined with reference to the governing statute and the circumstances
of the particular case. In the absence of a demonstrated statutory violation
or material prejudice resulting from the procedure adopted, the mere
absence of a personal hearing would not, by itself, justify interference in
every case.
21. The judgements relied upon by the learned counsel for the
petitioner establish the proposition that an authority must consider the
explanation submitted by an affected party and act fairly, while taking an
adverse decision. There can be no dispute with the general principle that
an administrative authority must consider the representation submitted by
an affected party and exercise its powers in accordance with law.
However, the applicability of a judicial precedent depends upon the
statutory framework and the factual circumstances of the case in which it
is invoked.
22. In the present case, the respondent had furnished a specific
explanation for the decision taken, referring to the alleged breach of
license conditions, the field verification report, the incident reported at
the club and the prevailing circumstances in the locality. The petitioner
has not established that these considerations were legally irrelevant or
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that the respondent acted for an extraneous purpose. The aforesaid
decision, therefore, do not warrant interference with the impugned
proceedings merely because the petitioner disputes the conclusions
reached by the licensing authority.
23. It is also relevant to note that the respondent is the authority
responsible for maintaining public order and regulating activities falling
within the scope of the applicable police licensing provisions. In
exercising such powers, the authorities entitled to take into account the
nature of the establishment, the conditions imposed upon it, the
surrounding locality and credible information concerning possible
breaches of those conditions. In the absence of sufficient material
demonstrating a jurisdictional error, manifest arbitrariness or a material
violation of the prescribed procedure, this Court finds no ground to
interfere with the impugned proceedings.
24. As regards the petitioner's request for a consequential direction
to renew the license, such a direction cannot be issued as a matter of
course. Renewal is subject to the applicable statutory requirements and
the conditions governing the license. The petitioner cannot claim an
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automatic right to renewal merely because the license has been granted
and renewed in previous years.
25. Having regard to the circumstances stated in the counter
affidavit, including the alleged violation of the conditions prohibiting the
entry of non-members and requiring the maintenance of public peace and
safety, this court is not persuaded to hold that the respondent's decision
falls outside the scope of its lawful regulatory power.
26. For the foregoing reasons, this Court finds that the petitioner
has not made out sufficient grounds for interference under Article 226 of
the Constitution of India. The Writ Petition is therefore liable to be
dismissed.
27. Accordingly, the Writ Petition is dismissed. Consequently,
connected Miscellaneous Petition, if any, is closed.
04-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
mar/skn
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To
1. The Commissioner of Police,
Madurai City,
Madurai.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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K.GOVINDARAJAN THILAKAVADI J.
mar/skn
WP Crl.(MD) No. 5869 of 2026
AND
WMP CRL.(MD) No. 1294 of 2026
04-11-2026
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