COMMON ORDER

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 petitoners 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 embarassment to the members of the petitioners clubs who did not involve in any unlawful or immoral or prohibited activies and many of them are prominent persons belonging to different walks of life, and frequent inspection by the respondents/police would cause damage to their reputation in the minds of public, which amounts to violation of fundamental rights guaranteed under Articles 19(1)(c) and 21 of the Constitution of India.

5. According to the respondents/police, the present Writ Petitions have been filed only on apprehensions that the police authorities may take action against the petitioners clubs despite no illegality takes place. The respondents/police never enter into the petitioners clubs without any complaints thereof and only if any complaints are received against the petitioners clubs regarding illegal or immoral activities, the respondents/police are empowered to take stringent action.

6. On earlier occasion, when this matter came up for consideration, this Court passed the following interim order on 21.11.2021:

“2. When the matters are taken up for hearing on the last occasion, the learned Government Advocate for the respondent-Police was directed to