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2014 DIGILAW 250 (MAD)

Blue Star Cultural Association v. Commissioner of Police, Chennai Metropolitan Corporation

2014-02-03

V.DHANAPALAN

body2014
Judgment 1. Mr. R. Rajeswaran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent of the learned counsel on either side, the writ petition is taken up for final disposal at the admission stage itself. 2. This writ petition has been filed by the petitioner, for the issuance of a Writ of Mandamus, forbearing the respondents from interfering with the activities of the petitioner association and from harassing the members, guests and the members of the management of the petitioner association at No.1, Balakumaran Nagar, Part C, Redhills Road, Kolathur, Chennai – 600 099. 3. The case of the petitioner as given in the affidavit is that the petitioner association is a registered society started in the year 2006. Their members use the association regularly and avail indoor and outdoor games offered by the association. They play Table Tennis, Carrom, Chess, Cards, etc. and Outdoor games such as Badminton, Tennis and Volley Ball, etc. While so, the respondents' authorities are visiting the association under the guise of inspection and in the result the normal activity of the association is being disturbed. They carry on only legal activities and no illegal activity of any kind is going on. Therefore, the above writ petition has been filed for the aforesaid prayer. 4. The learned senior counsel appearing for the petitioner, at the outset, would submit that on a similar issue, this Court has passed an order on 09.02.2012 in W.P.No.2113 of 2012, which order is passed based on earlier order in W.P.No.17578 of 2011, dated 27.07.2011, permitting the petitioner therein to carry on their activity with certain conditions. He submits that the same order could be followed in this writ petition also and the writ petition be closed. A copy of the said order has also been produced in the typed set of papers. 5. The learned Special Government Pleader has filed the counter affidavit of the fifth respondent. He submits that the same order could be followed in this writ petition also and the writ petition be closed. A copy of the said order has also been produced in the typed set of papers. 5. The learned Special Government Pleader has filed the counter affidavit of the fifth respondent. In the counter affidavit, it is stated that the petitioner's Association is licensed for functioning for its members, but it is permitting outsiders for playing cards and other indoor games in their association and the Association and its non-members frequently indulging in illicit gambling act and on receipt of specific information, several cases were registered against the petitioner's association and the accused concerned arrested, under various crime numbers and in all the cases, the accused were pleaded guilty, they were convicted and fined and thereby ended in conviction. It is further stated in the counter affidavit that the police are not having an intention to disturb the recreation activities of the petitioner's club and its members, but as and when informations received from specific sources, the Police would act accordingly in prevention of such illicit act in their respective police limits. It is also stated that the police party had entered into the petitioner's premises only on specific information and found indulging in gambling in the club premises by its non-members with the permission of the incharge of the association. On the aforesaid pleadings, the learned Special Government Pleader prays for dismissal of the writ petition. 6. I have heard the submissions made by the learned counsel on either side and perused the materials available on record. 7. Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side, to meet the ends of justice, this writ petition stands disposed of, with the following conditions:- i. The petitioner and the members of the petitioner Association are entitled to carry on 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; ii. In the normal circumstances, there should be no interference in the lawful functioning of the Association by the Police. 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 Association premises as a routine measure, so long as the Association is functioning within the frame work of law; iii. 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; iv. While exercising the powers conferred on the Police authorities, they should follow the mandatory provision as contained in Section 5 of the Tamil Nadu Gaming Act, 1930 / Public Gambling Act, 1867; v. It is always open to the Association or its members to challenge the action taken by the Police, if it was not in accordance with law; vi. In case the Police authorities were of the opinion that a situation has arisen to suspend the operation of the Association in exercise of the powers conferred, they have to issue an order in writing. When there is no authority granted to the Police to issue an order of suspension orally, they are not entitled to pass such oral orders; and vii. Before passing orders for the purpose of closure of the Association, in exercise of the powers conferred on the authorities, they should follow the principles of natural justice. The Association should be given an opportunity to submit their objections and if so desired, a further opportunity of personal hearing should also be given. No costs. Consequently, the connected MPs are closed.