IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 WP(C).No. 21953 of 2011(T) -------------------------- PETITIONER(S): --------------- SURENDRAN, S/O.KUMARAN, AGED 48, SECRETARY, VINODA ARTS & SPORTS CLUB, KUZHIMAVU P.O, MUNDAKAYAM (VIA), KOTTAYAM DISTRICT. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, KANJIRAPPALLY, KOTTAYAM DISTRICT-686 507. 2. CIRCLE INSPECTOR OF POLICE, KANJIRAPPALLY, KOTTAYAM DISTRICT-686 507. 3. SUB INSPECTOR OF POLICE, MUNDAKAYAM POLICE STATION, KOTTAYAM DISTRICT. BY GOVT.PLEADER SRI.JAIBY PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21953/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BYE-LAW OF VINODA ARTS & SPORTS CLUB, KORUTHODE, KUZHIMAVU, KOTTAYAM. EXT.P2: COPY OF THE REGISTRATION CERIFICATE DATED 24/11/2010 UNDER THIRUVITHANCORE COCHIN LITERARY, SCIENCE & CHARITABLE TRUST ACT. EXT.P3: COPY OF THE REPRESENTATION DATED 1/8/2011 SUBMITTED BY THE PETITIONER BEORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE JUDGMENT DATED 23/3/2007 IN W.P.(C) NO.7899/07 PASSED BY THIS HON'BLE COURT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 21953 OF 2011 ------------------------ Dated this the 20th day of August, 2011 JUDGMENT Abdul Rehim, J. Grievance voiced in this writ petition is that the members of the club - the Vinoda Arts & Sports Club- to which the petitioner is the Secretary are being harassed by the 3rd respondent, without there being any cogent reason, raising allegations that they are playing cards inside the club premises. The petitioner relied on various decisions of this court as well as the Hon'ble Supreme Court to contend that, playing of rummy inside the club is not an offence. It is alleged that the respondents are restraining club members from playing rummy inside the club and in that respect the 3rd respondent is causing obstruction and harassment. 2. When the matter came up for admission, we directed the Government Pleader to seek instructions regarding the correctness of the accusations. Today, the learned Government WPC.No.21953/2011 2 Pleader, on the basis of the instructions received from the 3rd respondent, submitted that the club in question is not functioning since the last five months. It is further submitted that on earlier occasions the police had registered cases for offences punishable under the Gaming Act and Indian Penal Code with respect to the activities conducted within the premises of the club. It is also stated that the club in question is situated on the side of the road leading to Shabarimala - Kananapatha Road and any illegal activity will cause disturbance to the pilgrims. However, it is stated that at preset there is no gaming activities within the club and that the 3rd respondent is not causing any obstruction or harassment. 3. We notice the settled legal position in this respect. If there is no activity, which is coming within the purview of an offence under the Gaming Act, it may not be justified on the part of the respondents to interfere with the normal activities within the club premises. However, we observe that if any illegal activity is reported, the police can take appropriate action. In this regard if the 3rd respondent is intending to pursue any further actions for which presence of the Secretary or members WPC.No.21953/2011 3 of the Club is required, then the 3rd respondent should issue notice as contemplated under Section 160 Cr.P.C. The Writ Petition is disposed of with the above observations. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk