Madras High Court
Jai Recreation Club vs The Superintendant Of Police on 15 December, 2021
W.P(MD)No.13895 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.12.2021
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.13895 of 2021
Jai Recreation Club,
6/146, Idinthakal Pudur,
Kanchirangudi Village,
Keelakkarai-623 517,
Keelakkarai Taluk,
Ramanathapuram District,
Represented by its President
S.Mohamedkoya ... Petitioner
Vs.
1.The Superintendant of Police,
Office of the District Superintendant of Police,
Ramanathapuram District.
2.The Deputy Superintendant of Police,
Office of the Deputy Superintendant of Police,
Keelakkarai Sub Division,
Ramanathapuram District.
3.The Inspector of Police,
Keelakkarai Police Station,
Ramanathapuram District. ... Respondents
Prayer: Writ Petition is filed under Article 226 Constitution of India, to
issue a Writ of Mandamus, forbearing the respondents herein from in any
manner interfering nor disturbing with the affairs of petitioner club
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W.P(MD)No.13895 of 2021
namely Jai Recreation Club, Keelakkarai Taluk, Ramanthapuram District
or its members right to avail the facilities provided for playing rummy
not involving any element of gambling by considering the representation
of the petitioner dated 20.07.2021.
For Petitioner : Mr.C.Gangai Amaran
For Respondents : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
ORDER
Heard the learned counsel appearing for the petitioner and the
learned Additional Public Prosecutor appearing for the respondents.
2. The petitioner is a registered Recreation Club. The petitioner
wants this Court to restrain the respondents from interfering with their
usual activities. My attention is drawn to the judgment reported in 2009
(4) CTC 264, Anandham Manamagil Mandram v. The Superintendant
of Police and others. In the said decision, the following directions were
issued:
“(i) The petitioner and the members of the club 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
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W.P(MD)No.13895 of 2021
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 clubs by
the police. It is not permissible for the police to enter
the club premises as a routine measure, so long as
the clubs are 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 club or its members are not in
accordance with law or they indulge in unlawful
activities in violation of the provisions of the Public
Gamming 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 club
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
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W.P(MD)No.13895 of 2021
(v) It is always open to the club 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 club 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 club, in exercise of the powers conferred on
the authorities, they should follow the principles of
natural justice. The club should be given an
opportunity to submit their objections and if so
desired, a further opportunity of personal hearing
should also be given.”
3.This Writ Petition is disposed of on the same terms. No costs.
15.12.2021
Index :Yes/No
Internet : Yes/No
mga
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall be
the responsibility of the advocate/litigant concerned.
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W.P(MD)No.13895 of 2021
To
1.The Superintendant of Police,
Office of the District Superintendant of Police,
Ramanathapuram District.
2.The Deputy Superintendant of Police,
Office of the Deputy Superintendant of Police,
Keelakkarai Sub Division,
Ramanathapuram District.
3.The Inspector of Police,
Keelakkarai Police Station,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13895 of 2021
G.R.SWAMINATHAN, J.
mga
W.P(MD)No.13895 of 2021
15.12.2021
https://www.mhc.tn.gov.in/judis
