The judgment emphasizes the need to balance the right of individuals to conduct lawful activities with the authority of law enforcement to prevent illegal activities, highlighting the legal provisions governing gaming and gambling activities.

The petitioner seeks issuance of a Writ of Mandamus, to forbear the respondents and their agents from interfering with the day-to-day affairs of the petitioner club carried on in the premises at Door No.7/35-D, Konar Illam, J.Mettur, Jambuduraikottai Village, Nilakottai Taluk, Dindigul District.

2. The petitioner club was registered as per the provisions of the Tamil Nadu Societies Registration Act, 1975 in the year 2009. The club was formed for the purpose of creating awareness among the youth, to establish library, encourage arts, sports and literature. The club has been functioning without giving room for complaints. However, the respondents have been interfering with the peaceful conduct of the affairs of the club. The office bearers of the club approached the respondents in person and explained to them the objects of the club and requested the police to abstain from disturbing the peaceful conduct of the club. However, the police has been continuing with the acts of harassment and as such, the petitioner has filed the writ petition.

3. Even though sufficient opportunity was given to the learned Government Advocate to take instruction from the respondents as to whether the petitioner club was indulged in violation of any of the provisions of the Gaming Act or as to whether any case was registered against the club or its members, the learned Government Advocate was not in a position to produce materials to show the involvement of the club in unlawful activities.

4. The petitioner club was entitled to conduct lawful activities in their premises. It was not permissible for the respondents police to deny the petitioner of its lawful activities. It was only in the event of the petitioner club permitting illegal activities, which involves money and an element of gambling, which would give a cause of action to the respondents police to enter the premises to ensure as to whether the club was used for a purpose other than for which it was registered. The petitioner was entitled to conduct its affairs in an orderly manner. It was the duty of the petitioner to keep the premises only for sports and arts purposes without permitting its members to engage in gambling and other illegal activities.

5. The Tamil Nadu Gaming Act, 1930 makes provision for punishment of gaming and the keeping of common gaming-houses in the State of Tamil Nadu. A common gaming-house is defined as a house, room, tent, enclosure, vehicle, vessel or any place whatsoever in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent, enclosure, vehicle or vessel. However, gaming does not include a lottery but includes wagering or betting. Section 4 of the Tamil Nadu Gaming Act, 1930 provides the penalty for opening the common gaming-house and Section 4(2) of the Tamil Nadu Gaming Act, 1930 makes the person found in any such house, room, tent, enclosure, vehicle, vessel or place used for the purpose of gaming on any of the objects shall be presumed, until the contrary is proved to have been there for the purpose of gaming on such object.

6. Since the Tamil Nadu Gaming Act, 1930 permits the entry of police in the premises alleged to be used for the purpose of gaming, a specified procedure was prescribed as per Section 5 of the Act, it is not possible for the police officers below the rank of a Deputy Superintendent of Police to enter the premises, unless there was an authorisation by a Judicial Officer not inferior to a Judicial Magistrate or any police officer not below the rank of a Deputy Superintendent of Police. It was only on the satisfaction of the Judicial Magistrate or the police officer not below the rank of a Deputy Superintendent of Police that a particular place is used as a common gaming-house, a warrant could be issued to a police officer not below the rank of a Sub-Inspector to enter the premises with such assistance and to arrest a