Judgment 1. This Writ Petition has been filed by the Petitioner for issuance of a Writ of Mandamus forbearing the Respondents from interfering in any manner in the activities of the Petitioner-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 Petitioner-Association in any manner. 2. The Petitioner-Association is a registered association registered under the Societies Act 1960. It was formed in the year 1981. It is currently registered as a society. The Petitioner-Association is formed with the following objectives: a. To bring willing members into contact with one another with a view to establish relations of friendship and goodwill towards one another so that they can have exchange of thoughts and views; b. To establish a Library consisting of useful books for the use of the members; c. To organize picnics, travels, etc.; d. To encourage Arts and Literature; e. To arrange for performance such as Dramas and shows for the Recreation and Enjoyment of the members; f. To arrange for Lectures on social, moral, literary, historic and other fine arts; g. To hold free Arts Exhibition, Music Festivals and Conferences, etc.; h. To offer facilities for games, indoor such as Table Tennis, Carroms, Chess, Carts (Not resorting to Gambling) and Out-door Games such as Badminton, Tennis and Volley Ball, etc.; i. To raise funds for the association by way of subscription, donations or other means for the above subjects; j. To do all or any of the above things and all such other things are incidental to may be thought conducive to the attainment of the above objects or any of them. 3. The Petitioner-Association has its own bye-laws. Various persons from different walks of life are its members. They have presently 49 Life Members and 235 Ordinary Members. They conduct various activities like cultural, literary, sports - both indoor and outdoor events and also arranges for discussions or other interactive sessions on the beneficial and interesting subjects for the benefit and enjoyment of its members and guests. The Petitioner-Association also provides facilities for playing various games including playing cards but not resorted to gambling. They have obtained its registration for such facilities. The members and their guests of the Association also play 13 cards i.e., Rummy with stakes, which do not amount to gambling. The Petitioner-Association also provides facilities for playing various games including playing cards but not resorted to gambling. They have obtained its registration for such facilities. The members and their guests of the Association also play 13 cards i.e., Rummy with stakes, which do not amount to gambling. This association is functioning from the year 1981 till date without any complaints. 4. While so, on 10.8.2011 the 4th Respondent raided the Association premises charging that the Petitioner's premises was used for gambling and members were found playing Rummy. Consequently, fourth Respondent registered a FIR in Crime No.1053/2011 dated 10.8.2011 against the Petitioner-Association alleging commission of offences under the provisions of Tamil Nadu Gaming Act, 1930. Even in the year 2002, the Respondents interfered with the activities of the Association making similar allegations, which necessitated the Petitioner to file a Writ Petition in W.P. No.30315 of 2002. This Court passed certain directions in that Writ Petition permitting the lawful activities of the Petitioner-Association without any interference from the Respondents excepting on specific information or complaint as to any illegal activities of the Petitioner's Association. When, however, there was subsequent interference by the Respondents disregarding the earlier direction, the Petitioner-Association had filed another Writ Petition in W.P. No. 1646/2004, wherein this Court appointed an Advocate Mr. Edwin Prabakar, as an Advocate Commissioner to inspect the Petitioner's premises, particularly its card rooms and submit a report. The Advocate Commissioner accordingly inspected the Petitioner-Association and filed a report. In this report he has confirmed that only Rummy i.e., 13 cards was played by the members of the Petitioner-Association. Playing Rummy with or without stakes is declared to be a game of skill and not a gambling. Despite that the Respondents are frequently disturbing the Petitioner alleging that they are conducting gambling activities. Hence, the above Writ Petition has been filed for the aforesaid prayer. 5. A Counter Affidavit has been filed by the Fourth Respondent on his behalf and on behalf of other Respondents also. It is stated by him that in the raid conducted on 10.8.2011 at about 8.15 p.m. by a special team, they found about 56 persons were playing cards (Gambling) for stake from whom 178 tokens were seized and a cash of Rs.6.75 lakhs used in the gambling was seized from the cashier. It is stated by him that in the raid conducted on 10.8.2011 at about 8.15 p.m. by a special team, they found about 56 persons were playing cards (Gambling) for stake from whom 178 tokens were seized and a cash of Rs.6.75 lakhs used in the gambling was seized from the cashier. It was found that there were 12 tables and in 8 tables 5 persons were playing cards using the tokens issued in lieu of cash for monetary gain. Hence, all the 56 persons who were gambling were secured along with two others of the Petitioner-Association. It was also gathered that they had involved in similar offences earlier in the year 2006 and 2007. Besides that, 56 persons secured were also not the members of the Petitioner-Association and their names were not found in the members list. The Secretary and the Treasurer of the Petitioner-Association also know about these unlawful activities, which is nothing but gambling activity going on in the Petitioner-Association permitted for monetary gain in an unlawful manner. In the earlier two occasions also, when the Police authorities raided the Petitioner-Association they found similar unlawful acts of gambling going on in the Association. Therefore, according to the Respondents, this Writ Petition restraining the Respondents from interfering as per law whenever there is any unlawful activities reported cannot be maintained. Hence, they prayed for dismissal of the Writ Petition. 6. I have heard the learned Counsel appearing for the Petitioner and the learned Special Government Pleader appearing for the Respondents. I have also gone through the documents available on record. 7. It is the case of the Petitioner-Association that their members and guests do play rummy with stakes which is declared to be not a game of chance but a game of skill. Despite that, the Respondent-Police are frequently disturbing the Petitioner-Association, under the guise surprise inspection. The learned Special Government Pleader on instructions would vehemently contend that when a special party of the Respondent-Police conducted a surprise raid in the Petitioner-Association's premises on 10.8.2011 at 8.15 p.m., they found the members and the guests of the Petitioner-Association were playing "Mangatha" a cards game for stakes which is a pure gambling and 178 tokens and the cards used in the gambling were seized. Further the 56 persons who were found playing Mangatha in the Petitioner's premises were also not the members of the Association. Further the 56 persons who were found playing Mangatha in the Petitioner's premises were also not the members of the Association. Therefore, action has been taken by registering a case against those 56 persons and others. Thus, it is the specific case of the Respondent police that Petitioner-Association is not propagating any sport or cultural activities as contended, but was letting out the club for playing cards for stakes for monetary gain. Hence, according to the Respondent-Police it is nothing but a gambling being permitted in the Petitioner's premises for monetary gain in an unlawful manner and they do not deserve any sympathy at all. Further she adds that the Respondent-Police can never be restrained from doing their duty when any unlawful act is committed. Therefore, she prayed for dismissal of the Writ Petition. But it is the case of the Petitioner-Association that they play only 13 cards Rummy with stakes, which is not held to be a gambling. 8. It has been held by the Courts that when cards of Rummy (13 cards) is played, it is not a game entirely of chance like the 'three-card' game and the game of Rummy requires considerable skill in holding and discarding cards. Hence, 13 cards has been held to be a game of skill and it is permitted to be played with stakes. Hence, playing Rummy with stakes by the members and the guests in the Writ Petitioner's-Association cannot be found fault with. On the other hand if the Respondent-Police receive any information about any unlawful activity, going on or being conducted in the Petitioner-Association, the Respondent-Police has a right to enter the Petitioner's premises and if they find any illegal activity other than playing of rummy with stakes is going on, it is open to the Respondent police to proceed against the Petitioner's-Association and its members in accordance with law. 9. In this connection, it is useful to refer to the judgment of the Honourable Supreme Court reported in State of A. P. versus K. Satyanarayana, 1968 Crl. L.J. 1009 wherein the Honourable Supreme Court has held as follows: "The game of rummy is not a game entirely of chance like the 'three-card' game mentioned in the Madras case to which we were referred. The 'three card' game, which goes under different names such as 'flush', 'brag', etc., is a game of pure chance. L.J. 1009 wherein the Honourable Supreme Court has held as follows: "The game of rummy is not a game entirely of chance like the 'three-card' game mentioned in the Madras case to which we were referred. The 'three card' game, which goes under different names such as 'flush', 'brag', etc., is a game of pure chance. Rummy on the other hand, requires certain amount of skill because the fall of the card has to be memorized and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill. The chance in Rummy is of the same character as the chance in a deal at a game of bridge. In fact in all games in which cards are shuffled and dealt out there is an element of chance because the distribution of the cards is not according to any set pattern but is dependent upon how the cards find their place in the shuffled pack.From this alone, it cannot be said that Rummy is a game of chance and there is no skill involved in it". (underlining mine)." 10. From the above judgment, it is very clear that the Honourable Supreme Court has held that game of Rummy is mainly and predominantly a game of skill. Further, it is common law that a person should not be convicted unless his conduct falls within the definition of a crime of which is charged. It is the case of the Petitioner-Association that they play only Rummy with stakes which cannot be called a gambling. However, in the raid conducted on 10.08.2011 by the Respondent-Police, action has been initiated by filing a Criminal case against some of the members/guests for having indulged in gambling activities. If that be so, it is for the Petitioner's-Association and its members/guests to defend the same in the manner known to law. Therefore, it is to be held that permitting the members and guests to play game of Rummy with stakes would not attract any penal action. But, if there is any evidence of gambling in some other way, the Respondent-Police has the right to enter the Petitioner's premises for the purpose of inspection and taking action in accordance with law. Therefore, it is to be held that permitting the members and guests to play game of Rummy with stakes would not attract any penal action. But, if there is any evidence of gambling in some other way, the Respondent-Police has the right to enter the Petitioner's premises for the purpose of inspection and taking action in accordance with law. The Petitioner's-Association should never stop the law enforcing authority from doing their duty. 11. The learned Counsel appearing for the Petitioner-Association would add that their members and guests are playing only the cards of Rummy (13 cards) with stakes which is permissible under law and they do not and will not play any other game like three-cards, etc., which are impermissible. He also submits that his submission could be recorded as the Petitioner-Association is very particular in acting within the framework of law. Therefore, his submission that the Petitioner's-Association is conducting only legal and permissible activities and in so far as playing of cards is concerned their members and guests play only Rummy with stakes. This submission is recorded. 12. In the light of the aforesaid, this Writ Petition is disposed of in the following terms: a. The Petitioner-Association shall not indulge in any illegal activity other than playing Rummy (13 cards) with stakes by its members and guests; b. 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; c. In respect of the FIR registered by the Respondent-Police against those 56 persons and others who said to have indulged in illegal gambling activities as per the-raid conducted on 10.8.2011, it is open to the Respondent-Police to proceed further as per law and it is for the Petitioner's association, its members and their guests to defend the same in the manner known to law, as the Criminal action was initiated after a valid raid conducted on 10.8.2011 by the Respondent-Police; d. The Respondent-Police are also advised not to disturb the Petitioner-Association frequently under the guise of inspection as it would disturb the peace harmony of the Petitioner-Association. 13. In the result, the Writ Petition is disposed of with the above, directions. No cost. Consequently, connected Miscellaneous Petition is also closed.