THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.12874 OF 2010 DATED 13TH JULY, 2010 BETWEEN Tirupati Social and Cultural Society, (Regd. No.446/2006), R/o D.No.18-1-1, Ramachandra Nagar, K.T.Road, Tirupati, Chittoor District, Represented by its President Sri T.Bhaskar Reddy. … Petitioner And The State of A.P., Represented by the Principal Secretary (Home), Secretariat, Saifabad, Hyderabad. And Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.12874 OF 2010 ORDER: The petitioner society assails the action of the Police Authorities, the respondents herein, in interfering with its activities contrary to the order dated 31.01.2007 passed by the I Additional Junior Civil Judge, Tirupati, in I.A.No.1993 of 2007 in O.S.No.1177 of 2007. A consequential direction is sought to the respondents to implement the said order. The petitioner, a society registered under the Andhra Pradesh Societies Registration Act, 2001, filed Writ Petition No.11413 of 2007 before this Court earlier challenging the action of the authorities in interfering with its lawful activities. Relying on the Judgment dated 29.07.2002 of a Division Bench of this Court in Writ Appeal No.1167 of 2002, a learned Judge of this Court disposed of the said writ petition in terms thereof. As per the said Judgment, the Police were directed not to obstruct the petitioner society from conducting card room games, including Rummy with stakes/syndicate (thirteen card game). The Police were given the liberty to enter into the Club and verify the activities therein and proceed to take action in the event the members and guests were found to be playing games other than the game of Rummy with stakes/syndicate (thirteen card game). While so, it is the case of the petitioner society that the respondents, having honoured the said order for some time, once again started interfering with its activities. Thereupon, the petitioner society filed the suit O.S.No.1177 of 2007 before the I Additional Junior Civil Judge, Tirupati, for a declaration that the Police Authorities were not entitled to interfere with its lawful activities. The petitioner society also filed I.A.No.1993 of 2007 in the suit seeking a temporary injunction to restrain the defendant Police Authorities from interfering with its lawful activities except for the purpose of verification as per the order dated 05.06.2007 in Writ Petition No.11413 of 2007. By order dated 31.01.2007, the trial Court granted a temporary injunction restraining the Police Authorities from interfering with the petitioner society while it was conducting lawful activities such as Sports and Games including the playing of cards, i.e., Rummy game with thirteen cards. The grievance of the petitioner society presently is that in spite of the injunction granted by the competent Civil Court, the respondents herein are continuing to interfere with its lawful activities and threatening the management with closure. In the light of the temporary injunction granted by the competent Civil Court under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, any violation thereof by the respondent Police Authorities who were parties to the said order would be amenable to the contempt jurisdiction of the said Court under Order XXXIX, Rule 2-A of the Code of Civil Procedure. The attempt of the petitioner society to get the said temporary injunction implemented by way of a writ petition filed under Article 226 of the Constitution cannot be permitted. In the light of the efficacious alternative remedy available to it under the provisions of Code of Civil Procedure, the remedy of the petitioner lies elsewhere. The Writ Petition is accordingly disposed of permitting the petitioner to invoke the contempt jurisdiction of the Civil Court in the event of violation of the temporary injunction order granted by such Court. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 13TH JULY, 2010. VGSR/PGS