WP(MD)/25068/2016 of SURYA SPORTS AND RECREATION Vs THE SUPERINTENDENT OF POLICE on 29 December 2016

Relief

O R D E R

The writ petition has been filed for issuance of a Writ ofMandamus, directing the respondents not to interfere with the dayto day affairs of the petitioner club viz., “Surya Sports andRecreation Club” having office at Rajaram Garden, P. Alagupuri,Sivakadu, Neivasal, Thirumayam Taluk, Pudukkottai District andpermit the petitioners to avail the facilities provided forplaying rummy.

2. By consent, the writ petition is taken up for finaldisposal.

3. In similar circumstances, this Court has considered theissue and passed an order in W.P.No.30655 of 2016, dated02.09.2016 and the relevant portion of the order is extractedhttps://hcservices.ecourts.gov.in/hcservices/hereunder:- “3. The learned counsel appearing for the petitioner hasdrawn the attention of this Court to the order dated13.03.2015 made in W.P.No.5127 of 2015 (Kangayam Friends ClubVs. The Superintendent of Police, Tiruppur District andothers) as well as the order dated 17.03.2015 made inW.P.No.6175 of 2014 [M/s.Relax Recreation Club Vs. TheSuperintendent of Police, Thiruppur District] and in thesimilar facts and circumstances, this Court has taken note ofthe earlier order dated 14.03.2012 made in W.P.No.6436 of2012 disposed of the writ petition with the followingconditions and it is relevant to extract hereunder:

(i) The petitioner association shall not indulge in any otherillegal activity other than playing Rummy (13 cards) with orwithout stakes by its members and guests;

(ii) If there is any evidence of gambling in some other way,the respondent police have a right to enter the premises ofthe petitioner's association, inspect and take further actionas per law;

(iii) The respondent police are advised not to disturb thepetitioner association frequently under the guise ofinspection as it would disturb the peace and harmony of thepetitioner association;

(iv) The petitioner and the members of the petitionerassociation are entitled to carry on their lawful activitieswithin their premises and there should not be anyinterference from the police authorities, so long as theiractivities are not in violation of the provisions ofthe Public Gambling Act, 1867/Tamil Nadu Gaming Act, 1930;

(v) In the normal circumstances, there should be nointerference in the lawful functioning of the association bythe Police. It is not permissible for the police to enter thepetitioner's premises as a routine measure, so long as theassociation is functioning within the frame work of law;

(vi) If the police authorities have specific information orreasonable doubt that the activities carried on by theassociation or its members are not in accordance with law orthey indulge in unlawful activities, in violation of theprovisions of the Public Gambling Act, 1867/Tamil Nadu GamingAct, 1930 or any other enactment, it would be open to them,after recording reasons in the General Diary maintained inthe Police Station, to proceed to enter the associationpremises, conduct investigation, interrogate those whoinvolve themselves in such activities and take appropriateaction on merits and as per law; https://hcservices.ecourts.gov.in/hcservices/(vii)While exercising the powers conferred on the Policeauthorities, they should follow the mandatory provision as contained in Section 5 of the Tamil Nadu Gaming Act,1930/ Public Gambling Act, 1867;

(viii) It is always open to the association or its members tochallenge the action taken by the Police, if it is not inaccordance with law;

(ix) In case the Police authorities are of the opinion that asituation has arisen to suspend the operation of theassociation in exercise of the powers conferred, they have toissue an order in writing. When there is no authority grantedto the Police to issue an order of suspension orally, theyare not entitled to pass such oral orders; and

(x) Before passing orders for the purpose of closure of theassociation, in exercise of the powers conferred on theauthorities, they should follow the principles of naturaljustice. The association should be given an opportunity tosubmit their objections and if so desired, a furtheropportunity of personal hearing should also be given. 7Though the petitioner has prayed for a larger relief, thisCourt, in the light of the above facts and circumstances andwithout going into the merits of the claim projected by thepetitioner, permits the petitioner to submit one morerepresentation to the respondents 1 to 3 as to the harassmentmeted out to them and the 2nd respondent, on receipt of thesame, is directed to consider the said representation in thelight of the above cited order and pass orders within aperiod of four weeks from the date of receipt of suchrepresentation from the petitioner and communicate thedecision taken, to the petitioner.”

4. This Court is of the opinion that the said order is squarelyapplies to the facts of the present case.

5. The writ petition is allowed on the same terms. No costs.Consequently, connected Miscellaneous petition is closed.Sd/Assistant Registrar(Records)

To:

1. The Superintendent of Police, Pudukkottai District.

2. The Inspector of Police, Thirumayam Police Station, Pudukkottai District. Pudukkottai District.

+1cc to Special Government Pleader in SR.No.83853.

W.P.(MD)No.25068 of 2016and W.M.P.(MD) No.18143 of 2016https://hcservices.ecourts.gov.in/hcservices/trp 29.12.2016msm-em/sar3/03.01.17/p3/4c

https://hcservices.ecourts.gov.in/hcservices/