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D. MURUGESAN, P. P. S. JANARTHANA RAJA
Director General of Police, State of Tamil Nadu – Appellant
Versus
Mahalakshmi Cultural Association rep. by its Secretary – Respondent
JUDGMENT :
(D. Murugesan, J.)
1. Saint Thiruvalluvar in 934th couplet of Thirukkural described the evils of gambling as follows:
which means
“There is nothing else that brings (us) poverty like gambling which causes many a misery and destroys (one's) reputation.”
2. The writ appeal is directed against the order disposing the writ petition, whereby the learned Judge issued certain directions. The question involved in the appeal is as to whether the activity of the respondent-Mahalakshmi Cultural Association in allowing its members and guests to play rummy (13 cards) with stakes is legal and permissible in the eye of law?
3. The writ appeal arises under the following circumstances. The respondent-Mahalakshmi Cultural Association (hereinafter referred to as “the Association”) approached this Court by filing the writ petition seeking for an order forbearing the appellants (hereinafter referred to as ‘the Police’) from interfering in any manner in the activities of the association including playing of 13 cards game like rummy with or without stakes whatever and also from harassing the members, the guests or the members of the management of the association in any manner. The
Point of Law : On the question whether the power available to the State to issue a notification under Section 14A to exempt a game, clothe it with a power to notify a game which is a game of mere ski....
The game of Rummy, being predominantly a game of skill, does not constitute an offense under the Public Gambling Act.
Profit or gain is a requisite for running a common gaming house under the Tamil Nadu Gaming Act, and gaming is not an offense per se.
Rummy with stakes falls under the provisions of the Chennai City Police Act and is considered gambling, prohibiting clubs from allowing such activities.
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