IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 2667 of 2011(G) ------------------------------------- PETITIONER: ------------------- POPULAR ARTS AND SPORTS CENTRE, KUNNAMKULAM, HOUSE NO.279/XV, REPRESENTED BY JIMMY KOCHUKUNJU, CHERUVATHOOR HOUSE, HILL BAZAR, KUNNAMKULAM, THRISSUR DISTRICT. BY ADVS. SRI.N.J.JOHNSON, SRI.M.ASHRAF. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM. R1 & R2 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.2667 OF 2011(G) -------------------------------------------------- Dated this the 3rd day of February, 2011 J U D G M E N T Prayer sought in this writ petition is to issue a writ of mandamus restraining the police from interfering with the activities of the Popular Arts and Sports Centre, Kunnamkulam, a club which has filed this writ petition. 2. According to the petitioner, the club is situated in house No.279/XV of Kunnamkulam Municipality. It is stated that the club has a membership of 110 elderly people. It is stated that apart from its philanthropic activities, the main activities of the club includes chess, caroms and cards. It is stated that though the activities of the club do not attract the provisions of the Gaming Act, the 2nd respondent is unnecessarily interfering with the activities of the club. With this allegation they moved the first respondent by filing Ext.P3 and complaining of inaction of the first respondent the writ Petition is filed. 3. Learned Government Pleader has obtained instruction in the matter and submits that, the 2nd respondent has registered a case against the members of the club under the provisions of the WPC.No.2667 /2011 :2 : Gaming Act. It is stated that apart from the above, the 2nd respondent has not interfered with the activities of the club. 4. An order totally restraining the 2nd respondent, Sub Inspector of police as sought for by the petitioner, cannot be granted by this court. However, at the same time so long as the activities of the club do not amount to any offence, or other illegality, the members of the club will have the freedom to carry on those activities. 5. In any case, having regard to the fact that, petitioner has already filed Ext.P3 before the first respondent I direct the first respondent to examine the grievance of the petitioner in the light of Ext.P5 judgment of this court in OP.No.19453/99. This the first respondent shall do as expeditiously as possible, within 4 weeks from the date of production of a copy of the judgment along with a copy of the writ petition. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No.2667 /2011 :3 :