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2018 Supreme(Mad) 2195

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DURAISWAMY, J.
Kuberalaxmi Recreation Club Tirupur Rep. by the President V. Baluchamy S/o. Vellaisamy - Petitioner
Versus
State Rep. by Deputy Superintendent of Police Avinasi Tiruppur District. & Ors. - Respondents
W.P.No.20660 of 2018 & W.M.P.No.24277 of 2018
Decided On : 11-08-2018

Advocates Appeared:
For the Petitioner: Mr. J. Franklin.
For the Respondents: Mr. E. Balamurugan Special Govt. Pleader.

The court emphasized the lawful activities of the club within the framework of the law and the police's powers to enter the premises under specific circumstances as per the provisions of the Public Gambling Act, 1867 and the Tamil Nadu Gaming Act, 1930.

Headnote:

Rummy - Recreation Club - Public Gambling Act, 1867/Tamil Nadu Gaming Act, 1930 - The court discussed the provisions of the Public Gambling Act, 1867 and the Tamil Nadu Gaming Act, 1930, emphasizing the lawful activities within the premises of the club and the police's powers to enter the premises under specific circumstances.

Fact of the Case:

The petitioner filed a Writ Petition to prevent the police from interfering with the activities of the petitioner's recreation club, particularly playing Rummy for recreation without gambling.

Finding of the Court:

The court directed the club to only engage in playing Rummy with or without stakes and imposed conditions on the police's interference and powers to enter the club premises.

Issues: Interference by police in the club's activities, particularly playing Rummy, and the legality of such interference.

Ratio Decidendi: The court emphasized the lawful activities of the club within the framework of the law and the police's powers to enter the premises under specific circumstances as per the provisions of the Public Gambling Act, 1867 and the Tamil Nadu Gaming Act, 1930.

Final Decision: The Writ Petition was disposed of with directions for the club's activities and the police's powers, and no costs were imposed.

ORDER :

1. Mr. E. Balamurugan, learned Special Government Pleader, takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above Writ Petition to issue a Writ of Mandamus forbearing the respondents, forbearing the respondents from in any manner interfering with the affairs of the petitioner's "Kuberalaxmi Recreation Club Tirupur", having its Registration No.27/2018, dated 02.03.2018, situated at No.368, Balaji Nagar, New Tirupur, Tiruppur or its members including the facilities provided for playing various games including the game of playing rummy not involving any element of gambling.

3. According to the petitioner, the members of the Association are actively taking part in recreation activities and social services. The Association members are jointly involved in various social activities and the members play indoor games like Chess, Carom Board, Table Tennis, cards particularly Rummy. The members play Rummy only for recreation purpose without any stakes. According to the petitioner Club, the respondent police along with their team are periodically visiting the Association in the evening hours under the guise of enquiry and threatening the members that they would be arrested on charges of gambling and informed them not to carry out any indoor games like playing cards and to close down the Association, if the members continue to play Rummy.

4. In similar circumstances, this court in W.P.No.6436 of 2012 by order dated 14.03.2012 disposed of the Writ Petition filed by Moon Sports Association, imposing the following conditions:

“...

7. In the light of the law laid down by the Hon'ble Supreme Court and the order passed by this court on a similar issue in the order dated supra, I am inclined to dispose of this Writ Petition with the following conditions:

”…

i. The petitioner association shall not indulge in any other illegal activity other than playing Rummy (13 cards) with or without stakes by its members and guests;

ii. If there is any evidence of gambling in some other way, the respondent police have a right to enter the premises of the petitioner's association, inspect and take further action as per law;

iii. The respondent police are advised not to disturb the petitioner association frequently under the guise of inspection as it would disturb the peace and harmony of the petitioner association;

iv. The petitioner and the members of the petitioner association are entitled to carry on their lawful activities within their premises and there should not be any interference from the police authorities, so long as their activities are not in violation of the provisions of the Public Gambling Act, 1867/Tamil Nadu Gaming Act, 1930;

v. In the normal circumstances, there should be no interference in the lawful functioning of the association by the police. It is not permissible for the police to enter the petitioner's premises as a routine measure, so long as the association is functioning within the frame work of law;

vi. If the police authorities have specific information or reasonable doubt that the activities carried on by the association or its members are not in accordance with law or they indulge in unlawful activities, in violation of the provisions of the Public Gambling Act, 1867/Tamil Nadu Gaming Act, 1930 or any other enactment, it would be open to them, after recording reasons in the General Diary maintained in the Police Station, to proceed to enter the association premises, conduct investigation, interrogate those who involve themselves in such activities and take appropriate action on merits and as per law;

vii. While exercising the powers conferred on the police authorities, they should follow the mandatory provisions as contained in Section 5 of the Tamil Nadu Gaming Act, 1930/Public Gambling Act, 1867;

viii. It is always open to the association or its members to challenge the action taken by the police, if it is not in accordanc

















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