IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 29686 of 2007(H) -------------------------- PETITIONER: ------------ EMPIRE RECREATION CLUB, REGISTERED AS NO.1-469/2006, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, REP. BY ITS SECRETARY V.S.AJAYAN, S/O. SREEDHARAN, AGED 45, BUSINESS, VARAKUKALAYIL, N.R.CITY P.O., RAJAKKAD. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ------------- 1. SUPERINTENDENT OF POLICE, IDUKKI DISTRICT, KUYILIMALA P.O., PAINAVU. 2. DEPUTY SUPERINTENDENT OF POLICE, MUNNAR, IDUKKI DISTRICT. 3. CIRCLE INSPECTOR OF POLICE, ADIMALY P.O., ADIMALY. 4. SUB INSPECTOR OF POLICE, RAJAKKAD POLICE STATION, IDUKKI DISTRICT. 5. SUB INSPECTOR OF POLICE STATION, DEVIKULAM POLICE STATION. RESPONDENTS BY GOVERNMENT PLEADER SHRI. SALIM P.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 29686/07 Appendix Petitioner's Exts: Ext.P1 The true copy of registration certificate of the petitioner's club dated 11.10.2006 issued by the registrar of societies, Idukki District. Ext.P2 True copy of the bye law of the petitioner's club. Ext.P3 True copy of the representation dated 24.9.2007 submitted by the petitioner before the first respondent. Ext.P4 True copy of the photographs of the inauguration of said multi gym by Mr.Roshi Augustin, MLA, Idukki. Ext.P5 True copy of notice of the Idukki District Body building championship 2006-2007. Ext.P6 True copy of the photographs of the protest conducted by the petitioner club in Mullaperiyar issue. Ext.P7 True copy of the letter issued by the principal, SNV higher secondary school, Rajakkad intimating subscription of newspaper sponsored by the petitioner club. Ext.P8 True copy of the letter dated 19.11.2006 issued from the government high school, Rajakkad expressing thanks for supplying egg and milk for the children. Ext.P9 True copy of the letter dated 7.7.2007 issued from the government high school,Rajakkad expressing thanks for supplying umbrellas for the children. Ext.P10 True copy of the voucher for donation for treatment of Mr.T.thomas for his medical expenses. Ext.P11 True copy of voucher dated 30.4.2007 for donation of the inauguration of IP Unit of Community Health Club,Rajakkad. Ext.P12 True copy of the voucher dated 12.8.07 for donation so Sujatha Sasi for marriage. K.Balakrishnan Nair &P.N.Ravindran, JJ. ======================== W.P(C).No.29686 of 2007 ======================== Dated this the 1st day of January, 2008. JUDGMENT Balakrishnan Nair,J. The petitioner is a Club registered under the Travancore- Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. Its objects as per the Bye-laws are: " To organize hold conduct promote provide facilities and amenities for all kinds of sports, games, athletics, sporting events, tournaments, competitions, matches, entertainments, exhibitions, displays, dances, talks, lecturers, debates, conferences, workshops and other sporting cultural or social activities and to donate pay or give awards, prizes, distinctions and certificates either alone or jointly or in partnership or in co-operation with any other club, institutions, associations, company person WP(C) 29686/07 -: 2 :- or persons." The petitioner submits that the Club is engaged in various philanthropic activities also. Rummy game by using cards is played in the Club without any monetary stakes. The police have started coming to the Club as if some illegal activities are going on there. The frequent and unscheduled visits of the police are causing harassment to the members of the Club. It is also alleged that the police have now threatened to close down the Club. Therefore, they preferred Ext.P3 representation before the Superintendent of Police and thereafter this Writ Petition is filed seeking the following reliefs: "1) Issue a writ of mandamus or any other appropriate writ or direction to the respondents not to harass the petitioner club for its smooth functioning. 2) Declare that the games namely rummy, lelam and support playing by using cards are competitive items and will not come under Gaming Act. 3) Declare that the respondents have no right or authority to direct the members of petitioner club to close the club. WP(C) 29686/07 -: 3 :- 4) Issue such other writ or orders or directions, which this honourable court may deem fit and proper in the interest of justice and circumstances of the case." 2. The third respondent has filed a statement in which it is alleged that no activities other than gambling are taking place in the Club premises. Its premises are used by anti-social elements for consuming liquor, apart from gambling. Rajakkad Village is an area notorious for cultivation, storage and sale of ganja. So, the police are very vigilant and making raids in the suspected premises. Even though the Club Members are conducting gambling for monetary benefits, they are not transacting money in the premises itself. Intelligence report has been received that gambling is going on in the Club premises. In view of the above, the police are keeping surveillance and the same cannot be described as any harassment, it is submitted. 3. The petitioner has filed a reply statement answering the allegations in the above said statement. The allegations of gambling, illegal activities, etc. are emphatically denied by the petitioner. Exts.P4 to P12 have been produced to prove the WP(C) 29686/07 -: 4 :- various social and philanthropic activities undertaken by the Club. So, the petitioner prays for granting the reliefs sought for in the Writ Petition. 4. Heard learned counsel on both sides. Learned counsel for the petitioner reiterated the contentions of the petitioner - Club. Learned Government Pleader on the other hand submits that the police are only keeping surveillance, on the basis of the intelligence report received. They have no intention to harass or cause any inconvenience to the members of the Club. 5. Playing rummy by using cards with monetary stakes will amount to gambling and therefore, the police can proceed against the same in accordance with law. If there is apprehension that gambling is going on in the premises of the Club, the action of the police cannot be described as harassment. If the police exceed the limits, the petitioner can take up the matter before the superior authorities or before the Police Complaints Authority concerned formed under the amended provisions of the Kerala Police Act. 6. Learned Government Pleader submits that the police will take action only in accordance with law and will not wilfully WP(C) 29686/07 -: 5 :- harass any members of the Club. We also record the submission of the learned Government Pleader that the police has not given any direction to close down the Club. Writ Petition is disposed of recording the above submissions. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 1/1