Madras High Court
M/S.Vettuvanam Mahalakshmi ... vs The Superintendent Of Police on 12 June, 2023
WA No.1000 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WA No.1000 of 2021
M/s.Vettuvanam Mahalakshmi Cultural Association,
reg.No.150/2016,
rep. By its President S.Mathan
Thatangukuttai Village (kilKrishnapuram)
Tippasamudram Madura,
Anaicut Taluk 635809
Vellore District ... Appellant
versus
1.The Superintendent of Police,
Sathuvachari
Vellore District.
2.The Deputy Superintendent of Police,
Palavansathu, Vellore,
Vellore District.
3.The Inspector of Police (Law and Order)
Pallikonda Police Station,
Pallikonda Post, Vellore District ... Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set
aside the order dated 27.11.2020 in WP No.16653 of 2020.
Page 1 of 8
https://www.mhc.tn.gov.in/judis
WA No.1000 of 2021
For the Appellant :: Mr.M.R.Thangavel
For the Respondents :: Mr.K.M.D.Muhilan,
Additional Government Pleader
JUDGMENT
(Made by the Hon'ble Chief Justice)
Heard Mr.M.R.Thangavel, learned counsel for the appellant and
Mr.K.M.D.Muhilan, learned Additional Government Pleader, for the
respondents.
2. The appellant assails the order of learned Single Judge dated
27.11.2020 in WP No.16653 of 2020, thereby dismissing the writ
petition.
3. In the writ petition, appellant/petitioner had prayed for the
following relief:
“Writ Petition filed under Article 226 of the
Constitution of India praying to issue a Writ of
Mandamus, forbearing the respondents, their men,
agents and officials from interfering with the legal
activities of the petitioner club including playing of
13 cards game like Rummy with stakes whatever
https://www.mhc.tn.gov.in/judis
WA No.1000 of 2021
and also from harassing the members guests or the
members of the management of the petitioner club
in any manner and for other incidental relief.”
4. The learned Single Judge has dismissed the writ petition.
5. We do not find any error on the part of learned Single Judge
in dismissing the writ petition, in view of the prayer made therein.
The appellant wanted its activity of game like rummy to be played
with stakes. The same was rightly negatived.
6. A Division Bench of this Court in Director General of Police,
State of Tamil Nadu, Chennai, vs. Mahalakshmi Cultural Association
rep.by its Secretary, (WA No.2287 of 2011), under its judgment
dated 22.03.2012, has observed thus:
“24. On the basis of the above discussions,
we arrive at the following conclusions:-
(1)The game of rummy (13 cards) is only a
game of skill even though an element of chance is
also involved.
(2)In the event rummy is played by the
members or the guests without stakes, the
https://www.mhc.tn.gov.in/judis
WA No.1000 of 2021
provisions of the Chennai City Police Act are not
attracted.
(3)In the event rummy is played by the
members or the guests with stakes, the provisions
of the Chennai City Police Act are attracted.
(4)In the event the club/association either
allows its members or guests to play rummy with
stakes or make any profit or gain out of such
gambling, the Police has the authority to invoke the
provisions of the Chennai City Police Act.
(5)In order to ascertain as to whether the
premises is used as a gaming house for gambling,
the Police is entitled to invoke Section 23 of the
Act.
25. In view of the above, we modify the
order of the learned single Judge and dispose of the
writ appeal with the following directions:
(1)The respondent-Association 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
https://www.mhc.tn.gov.in/judis
WA No.1000 of 2021
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.
(4)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 or its members or the guests.”
7. Our attention was also drawn to the judgment of another
Division Bench of this Court in WA No.296/2013 dated 06.10.2017,
(The Director General of Police, Chennai vs. S.Dillibabu), for a similar
ratio.
8. In light of that, the appellant cannot be permitted to indulge
in activity by allowing its members or guests to play rummy (13
cards), with stakes.
https://www.mhc.tn.gov.in/judis
WA No.1000 of 2021
9. In the event rummy is played by the member or guests of
the appellant without stakes, then the provisions of the Chennai City
Police Act would not be attracted.
10. With this observation, the writ appeal is disposed of. There
will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.)
12.06.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
https://www.mhc.tn.gov.in/judis
WA No.1000 of 2021
To
1.The Superintendent of Police,
Sathuvachari
Vellore District.
2.The Deputy Superintendent of Police,
Palavansathu, Vellore,
Vellore District.
3.The Inspector of Police (Law and Order)
Pallikonda Police Station,
Pallikonda Post,
Vellore District
https://www.mhc.tn.gov.in/judis
WA No.1000 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(tar)
WA No.1000 of 2021
12.06.2023
https://www.mhc.tn.gov.in/judis
