IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18479 of 2010(H) -------------------------- PETITIONER: --------------- WE HELP RECREATION CLUB, REGISTER NO.T.1155/09, KAZHAKKOOTTAM, KAZHAKKOOTTAM P.O., THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY, SUSEELAN. BY ADV. SRI.M.RAJASEKHARAN NAYAR SMT.K.N.RAJANI SMT.BEENA DEVASSY RESPONDENTS: --------------- 1. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. G.P. SHRI T K VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 18479 of 2010 H - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2010 JUDGMENT Joseph, J. The petitioner has approached this court seeking the following reliefs: i) issue a writ in the nature of mandamus or other appropriate writ order or direction restraining the respondents from interfering in the petitioner's activities except for violation of any law laid down by the legislation; ii) issue a direction to the 3rd respondent to return the materials seized from the club.” 2. Briefly the case of the petitioner is as follows. The petitioner is a society registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act. The W.P.(C).No. 18479 of 2010 2 members of the Society consists of Government employees, private sector employees, students and businessmen. On 8.5.2010 the 3rd respondent, C.I. of Police, Kazhakkoottam entered the club house and without any provocation took away the furniture, office equipments and files. Two employees of the club were arrested and the Secretary was asked to appear before him. Inspite of several requests, the third respondent has not returned the items seized by him. 3. The learned Government Pleader, on instructions, submits that Crime No. 323 of 2010 under Section 7 and 8 of the Gaming Act has been registered on information that gaming is taking place in the club. It is stated that the articles seized have been produced before the Magistrate. 4. In the light of the above submission, which we record, we dispose of the Writ Petition by leaving it open to the petitioner to work out his remedies in the appropriate forum. We make it clear that the W.P.(C).No. 18479 of 2010 3 official respondents are free to continue with the investigation in accordance with law. This will not stand in the way of the petitioner taking such steps as against the crime registered as it is advised. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm