Guru Sishyan Manamagil Mantram, Represented by its Secretary v. Superintendent of Police
2014-11-19
M.VENUGOPAL
body2014
DigiLaw.ai
JUDGMENT M. VENUGOPAL, J. 1. Heard both sides. 2. The object of the Petitioner's club is to promote indoor and outdoor games like Carom Board, Chess, Rummy without stake, computer games, Kabadi, Badminton. 3. According to the Petitioner, the respondents are interfering in the peaceful conduct of the affairs of the club. It appears that the Office-bearers of the club met the Respondents in person and explained the affairs of the club and requested them not to interfere in the lawful conduct of the club and submitted a representation in this regard on 14.09.2014. Even after that, the Respondents and their subordinates are indulging in interference of the club. 4. The main contention advanced on behalf of the learned counsel for the Petitioner is to conduct the affairs of the club in a lawful manner without following the principles of the Tamil Nadu Gaming Act, 1930 as well as Public Gambling Act, 1867 and other penal acts. Further, in case, the Petitioner engages only in lawful activities, there would be no cause of action for the respondents/Police to take action against the members of the Petitioner/Club. 5. At this stage, the learned counsel for the Petitioner seeks in aid of the order dated 10.12.2013 in W.P. (MD) No. 13036 of 2012 between Madurai Star Recreation Club, represented by its Secretary, Madurai District vs. The Superintendent of Police, Madurai and another, whereby and whereunder, in para 5 it is observed and held as under:- "5. In view of the above discussions and following the decision reported in 2012 (2) CTC 484 (cited supra) the following order is passed:- (1) The Petitioner club shall not indulge in any activity by allowing its members or the guests to paly rummy (13 cards) with stakes and make profit or gain. (2) The Police are entitled to take action in the event any illegal activity is carried on in the club premises. (3) The Police shall not disturb the Petitioner club frequently under the guise of inspection without there being any reliable information as to the illegal activities of the association of its members or the guests. (4) In order to ascertain as to whether the premises is used as a gaming house for gambling, the Police is entitled to invoke Section 29 of the Act." 6.
(4) In order to ascertain as to whether the premises is used as a gaming house for gambling, the Police is entitled to invoke Section 29 of the Act." 6. Also, it is the stand of the Petitioner that playing of games of skill like carom and chess does not attract the provisions of the Public Gambling Act, 1867. 7. Per contra, it is the submission of the learned Additional Government Pleader for the respondents 1 and 2 that the Petitioner in the Petition has not pinpointed the date on which the police has interfered with the conduct of the club. Further, it is represented on behalf of the respondents that the Petitioner has projected the present Writ Petition without any basis whatsoever. Also that, the police people are not interfering with the activities of the Petitioner's/club in any manner as alleged by the Petitioner. 8. Apart from the above, the learned counsel for the Petitioner invites the attention of this Court to the Judgment of the Division Bench of this Court in the case of The Director General of Police, State of Tamil Nadu, Chennai and others vs. Mahalakshmi Cultural Association, represented by its Secretary, Chennai, 2012 (2) CTC 484 , at Special Page 485, whereby and whereunder it is observed and held as follows:- "(1) The Respondent-Association club shall not indulge in any activity by allowing its members or the guests to play rummy (13 cards) with stakes and make profit or gain. (2) The Police are entitled to take action in the event any illegal activity is carried on in the Association premises. 3. In respect of the FIR registered by the Police against those 56 persons and others who were said to have indulged in illegal gambling activity as per the raid conducted on 10.08.2011, it is open to the Police to proceed further as per law and it is for the 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 10.08.2011 by the Police. (3) The Police shall not disturb the Respondent-Association frequently under the guise of inspection without there being any reliable information as to the illegal activities of the association of its members or the guests. Consequently, M.P. No. 1 of 2011 is closed. No costs. 9.
(3) The Police shall not disturb the Respondent-Association frequently under the guise of inspection without there being any reliable information as to the illegal activities of the association of its members or the guests. Consequently, M.P. No. 1 of 2011 is closed. No costs. 9. By way of reply, it is represented on behalf of the respondents that if the Petitioner's club violate any of the rules, the respondents/Police has the power to inspect and conduct necessary action against the concerned. 10. This Court has heard the learned counsel for the Petitioner and the learned Additional Government Pleader for the Respondents and notices their contentions. 11. On a careful consideration of the respective contentions and in view of the fact that this Court has passed orders in W.P. (MD) No. 13036, dated 10.12.2013 in para 5 which runs as under:- "5. In view of the above discussions and following the decision reported in 2012 (2) CTC 484 (cited supra) the following order is passed:- (1) The Petitioner club shall not indulge in any activity by allowing its members or the guests to play rummy (13 cards) with stakes and make profit or gain. (2) The Police are entitled to take action in the event any illegal activity is carried on in the club premises. (3) The Police shall not disturb the Petitioner club frequently under the guise of inspection without there being any reliable information as to the illegal activities of the association of its members or the guests. (4) In order to ascertain as to whether the premises is used as a gaming house for gambling, the Police is entitled to invoke Section 29 of the Act." 12. Applying the same, this Court disposes of the present Writ Petition with the aforesaid directions. No costs.