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2022 Supreme(Mad) 237

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Krishnan Ramasamy, J.
M.M. Nagar Sports & Recreation Centre, Represented by its Secretary, P. Kanniappan & Another – Petitioners
Versus
The Superintendent of Police, Kancheepuram & Others – Respondents
W.P. Nos. 26397 & 27246 of 2017 & W.M.P. No. 28058 of 2017
Decided On : 04-02-2022

Advocates:
Advocate Appeared:
For the Petitioner:K.M.D. Muhilan, Government Advocate.
For the Respondent: M. Shahjahan, Special Government Pleader.

Headnote:

Constitution of India,1950 - Articles 19(1)(c),14, and 21 226 - Tamil Nadu Societies Registration Act, 1978 - Tamil Nadu Gaming Act, 1930 - Section 5 and 11- Tamil Nadu Gaming Act, 1930, - Public Gambling Act, 1867 - Writ Petitions, are that both Sports & Recreation Centre and Five Star Sports Club were registered as per provisions of Tamil Nadu Societies Registration Act, 1978 and functioning by following rules and regulations and provisions of Tamil Nadu Gaming Act, 1930 without involving in any unlawful activities - Petitioners clubs were formed under a common intention to promote social activities and intellectual advancement amongst its members including indoor sports/games, namely, chess, carom, table tennis and playing cards (13 card rummy without stakes), etc.. Further, stringent restrictions are imposed even on members for maintaining discipline and harmony in petitioners clubs. From date of establishment to till date there is no complaint from respondents and has been complying with all conditions under various acts and rules there under - Whether Police can insist that recreation clubs to install CCTV cameras in all places, including playing area and corridors (except Restroom and toilet) ignoring right to privacy – Held, Court would not put any fetters on power of Police to take action in court regard. Though Tamil Nadu Gaming Act provided wide powers to Police strict conditions are imposed under Section 5 of Act that provides power to any Judicial Magistrate or any police officer not below rank of Deputy Superintendent of Police or Assistant Commissioner of Police who has a reason to believe that any place is used as a common gaming-house/ he may, by his warrant, give authority to any Police Officer not below rank of Sub-Inspector to enter with such assistance as may be found necessary by night or by day, any such place, and to arrest all persons found therein and to seize all instruments of gaming and all moneys and securities for money and articles of value reasonably suspected to have been used or intended to be used for purpose of gaming which are found therein and to search all parts of such place and also persons found therein – Court as there is a constitutional obligation vested on us to protect rights of citizens from excessive or arbitrary State action - Here submission made by 5th Respondent that CCTV’s should be in all places except restrooms appears not to be a reasonable restriction as mandated under Clauses (2) to (6) of Article 19. Court unable to accept submission made by 5th Respondent seeking direction that CCTV’s be installed in all areas of Club except restrooms as court would clearly be violative of right to privacy of all other members and visitors in Club - Writ Petitions disposed of.

ORDER :

(Prayer in W.P.No.26397 of 2017: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from interfering in anyways with the day-to-day affairs and recreational activities of the petitioner society and its members at petitioner’s premises situated at No.10/27, 1st Floor, Singaravelan Street, Maramalai Nagar, Kancheepuram District.

W.P.No.27246 of 2017: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents and his subordinates or any other official tracing power under them, from any manner interfering or disturbing with day to day affairs of the society and also from harassing its members/guests to avail the facilities for playing indoor games of chess, carom, rummy 13 cards, and table tennis, not involving any element of gambling at the premises bearing No.84-1A, Sampuranam Avenue, Arcot Road, Chennai.)

1. Writ Petition in W.P.No.26397 of 2017 has been filed, praying to issue a Writ of Mandamus, to forbear the respondents from interfering in anyways with the day-to-day affairs and recreational activities of the petitioner society and its members at petitioner’s premises situated at No.10/27, 1st Floor, Singaravelan Street, Maramalai Nagar, Kancheepuram District.

2. Writ Petition in W.P.No.27246 of 2017 has been filed, praying to issue a Writ of Mandamus, to forbear the respondents and his subordinates or any other official tracing power under them, from any manner interfering or disturbing with day to day affairs of the society and also from harassing its members/guests to avail the facilities for playing indoor games of chess, carom, rummy 13 cards, and table tennis, not involving any element of gambling at the premises bearing No.84-1A, Sampuranam Avenue, Arcot Road, Chennai.

2. The brief facts in common of both Writ Petitions, are that both the petitioners, viz., M/s.M.M.Nagar Sports & Recreation Centre and M/s.Vadapalani Five Star Sports Club were registered as per the provisions of the Tamil Nadu Societies Registration Act, 1978 and functioning by following rules and regulations and the provisions of the Tamil Nadu Gaming Act, 1930 without involving in any unlawful activities. Both the petitioners clubs were formed under a common intention to promote social activities and intellectual advancement amongst its members, including indoor sports/games, namely, chess, carom, table tennis and playing cards (13 card rummy without stakes), etc.. Further, stringent restrictions are imposed even on members for maintaining discipline and harmony in the petitioners clubs. From the date of establishment to till date, there is no complaint from the respondents and has been complying with all the conditions under various acts and rules thereunder.

3. While so, the grievance of the petitioners is that the respondents/police, has been interfering with the day-to-day affairs of the petitioners clubs under the guise of inspection and due to which, the petitioners clubs and its members are continuously being disturbed by the respondents/police. In such circumstances, finding no other option, the petitioners approached this Court by way of presenting these Writ Petitions.

4. The learned counsel appearing for the petitioners would submit that the petitioners have been running the recreation centre/sports club as per rules and regulations for the welfare of the members and they used to arrange indoor games of skill, viz., chess, carom, rummy 13 cards and table tennis, etc., while so, the police officials often interfering with peaceful functioning of the petitioners Sports Clubs activities including the playing of indoor games under the pretext of suspicion and thereby causing embarrassment to the members of the petitioners clubs who did not involve in any unlawful or immoral or prohibited activities and many of them are prominent persons belonging to different walks of life, and frequent inspection by t

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