Silver Star Arts And Sports Club ... vs The Station House Officer, ...
2021 Latest Caselaw 18308 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                          WP(C) NO. 17736 OF 2021


PETITIONER:

              SILVER STAR ARTS AND SPORTS CLUB CHERI, KALKUNDU,
              KALKUNDU P.O., KARUVARAKUNDU, MALAPPURAM DISTRICT, PIN-
              676 523, REPRESENTED BY ITS SECRETARY, SHAJAD.M., AGED 33
              YEARS, S/O.KUTTIPPA, MELEDATHU HOUSE, THARISSU P.O.,
              KARUVARAKUNDU, MALAPPURAM DISTRICT, PIN-676 523.

              BY ADVS.
              K.M.SATHYANATHA MENON
              KAVERY S THAMPI
              P.ARUN KUMAR (MONCOMPU)


RESPONDENTS:

     1        THE STATION HOUSE OFFICER, KARUVARAKUNDU POLICE STATION
              KARUVARAKUNDU POLICE STATION, MALAPPURAM DISTRICT, PIN-
              676 523.

     2        THE DISTRICT POLICE CHIEF,
              MALAPPURAM-676 505.

              SR GP - SRI.HANIL KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 17736/21
                                         2



                               JUDGMENT

The petitioner is stated to be a Society,

operating as a Club, registered under the

provisions of the Societies Registration Act,

1860; and they have approached this Court with an

allegation that the respondents are harassing

them on the basis of unsubstantiated suspicion

that their activities are in violation of the

Gaming Act.

2. The petitioner asserts that their members

have not committed any act which is in violation

of the aforesaid Statute and therefore, that the

present action initiated against them by the

respondents are illegal and unlawful. They,

therefore, pray that said respondents be directed

not to harass them in any manner in future.

3. In response to the afore submissions made

on behalf of the petitioner by their learned

counsel - Sri.K.M.Sathyanatha Menon, the learned WPC 17736/21

Senior Government Pleader - Sri.Hanil Kumar,

submitted that every allegation in this Writ

Petition are baseless and contrary to truth. He

submitted that, in fact, the petitioner has been

registered as a Society very recently and that

the Police have not visited them or conducted any

enquiry into their activities as of now. He

submitted that, therefore, the respondents

legitimately suspect that this Writ Petition has

been filed to pre-empt investigation into their

conduct; but conceded - to a pointed query from

this Court - that no such complaints are pending

nor investigation initiated against the

petitioner until now.

Taking note of the afore submissions of the

learned Senior Government Pleader and recording

the same, I dispose of this Writ Petition;

however, directing the respondents to summon the

office bearers of the petitioner, if so required

in future, only after issuing them a notice under WPC 17736/21

Section 41A of the Code of Criminal Procedure.

Sd/-

RR                              DEVAN RAMACHANDRAN
                                     JUDGE
 WPC 17736/21


               APPENDIX OF WP(C) 17736/2021

PETITIONER EXHIBITS

Exhibit P1        TRUE COPY OF THE REGISTRATION

CERTIFICATE ISSUED BY THE DISTRICT REGISTRAR AND REGISTRAR OF SOCIETIES MALAPPURAM DATED 17.02.2021.

Exhibit P2 TRUE COPY OF THE BYE LAW OF THE PETITIONER SOCIETY.,