1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.03.2011 CORAM: THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P(MD)No.558 of 2011 and M.P.(MD)No.1 of 2011 Murugan, Secretary, Super Recreation Club, Reg. No.107/2006, 1371/A-2, Nehruji Road, Periyakulam Road, Theni District. .. Petitioner Vs. 1.The Superintendent of Police, Theni District, Theni. 2.The Inspector of Police, Allinagaram Police Station, Theni District. 3.The Inspector of Police, Theni Town Police Station, Theni District. (3rd respondent is impleaded as per order dated 02.03.2011 in M.P(MD)No.2 of 2011 by KKSJ) .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus forbearing the respondents herein and their subordinate officials from any manner interfering with the rights of the member of the petitioner's club namely Super Recreation Club to play the game of rammy with stakes and other indoor games in the premises of the petitioner's club namely "Super Recreation Club" situated in 334, Ondiveeran Road, Gandhinagaram, Allinagaram, Theni District. For Petitioner : Mr.T.S.Mohamed Mohideedn For Respondents : Mr.K.A.Nandagopan Addl. Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The interference of the police in the matter of conducting a club, compelled the petitioner to approach this Court with this Writ petition. 2. The petitioner is a club functioning in the name and style of Super Recreation Club at Door No.334 , oNdiveeran Road, Gandhinagaram, Allinagaram in the District of Theni. The Club promotes the Social as well as the physical activities of its members. The Club also conducts Cricket, Football, Chess, Carom and other games without involvement of money. According to the petitioner, they never indulged in any acts of gambling. 3.The grievance of the petitioner is on account of unnecessary interference at the instance of the 3rd respondent in the day-to-day affairs of the Club. Therefore, the petitioner was constrained to file the Writ Petition for issuance of a Writ of Mandamus. 4.The learned Government Advocate, on instruction would submit that no FIR was registered against the petitioner so far and the Club was not in the adverse remarks of police. 5.The issue regarding the conduct of the affairs of Club and the authority of the Police to take action in case the Club is engaged in gambling came up for consideration before this Court in Anandham Manamagil Mandram Vs.The Superintendent of Police, Theni, reported in (2009(4) CTC 264). In the said case, I have issued as many as seven directions. Those directions reads thus:- 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 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 Gambling Act, 1867/Tamil Nadu Gaming Act, 1930 or any other enactment, it would be open to them, https://hcservices.ecourts.gov.in/hcservices/ 3 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; (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. 6. Since this Court has already issued directions to the Police indicating the manner in which they should take action in case complaints are preferred against the Club, no further orders are necessary in the Writ Petition. 7.The Writ Petition is disposed of with a direction to the police as indicated above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District,Theni. 2.The Inspector of Police,Allinagaram Police Station,TheniDistrict. 3.The Inspector of Police,Theni Town Police Station,Theni District. +1cc to the Special Govt.Pleader, Sr.No. 11461 pm ssk/18.03.2011 /5c -3p/- W.P(MD)No.558 of 2011 02.03.2011 https://hcservices.ecourts.gov.in/hcservices/