WP(MD)/25081/2016 of ARPUTHAM MANAMAGIL MANDRAM Vs THE COMMISSIONER OF POLICE on 29 December 2016

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Avaniyapuram Police Station, Madurai City. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution ofIndia for the issuance of Writ of Mandamus, forbearing therespondents and their subordinates officials from in any mannerinterfering with the day to day activities of of the members of thepetitioner's Arputham Manamagil Mandram, to play the game of rummywith stakes and other indoor games in the premises of thepetitioner's Arputham Manamagilmandram at Plot. No. 322, HousingBoard Colony, Mela Anupanadi, Madurai, without following due processof law.

For Petitioner :Mr.P.T. RameshrajaFor Respondents: Mr.K.P. KrishnadossGovernment Advocate The writ petition has been filed for issuance of a Writ ofMandamus, forbearing the respondents and their subordinatesofficials from in any manner interfering with the day to dayactivities of of the members of the petitioner's Arputham ManamagilMandram, to play the game of rummy with stakes and other indoorgames in the premises of the petitioner's Arputahm ManamagilmandramPlot. No. 322, Housing Board Colony, Mela Anupanadi, Madurai,without following due process of law.

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

3. In similar circumstances, this Court has considered theissue and passed an order in W.P.No.30655 of 2016, dated 02.09.2016and the relevant portion of the order is extracted hereunder:- “3. The learned counsel appearing for the petitioner hasdrawn the attention of this Court to the order dated 13.03.2015made in W.P.No.5127 of 2015 (Kangayam Friends Club Vs. TheSuperintendent of Police, Tiruppur District and others) as wellas the order dated 17.03.2015 made in W.P.No.6175 of 2014[M/s.Relax Recreation Club Vs. The Superintendent of Police,Thiruppur District] and in the similar facts and circumstances,this Court has taken note of the earlier order dated 14.03.2012made in W.P.No.6436 of 2012 disposed of the writ petition withthe following conditions and it is relevant to extracthereunder:

(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, therespondent police have a right to enter the premises of thepetitioner's association, inspect and take further action asper law;

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

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

(v) In the normal circumstances, there should be no interferencein the lawful functioning of the association by the Police. Itis not permissible for the police to enter the petitioner'spremises as a routine measure, so long as the association isfunctioning 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 Gaming

Act, 1930 or any other enactment, it would be open to them,after recording reasons in the General Diary maintained in thePolice Station, to proceed to enter the association premises,conduct investigation, interrogate those who involve themselvesin such activities and take appropriate action on merits and asper law;

(vii) While exercising the powers conferred on the Policeauthorities, they should follow the mandatory provision ascontained 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, they arenot 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. 7 Thoughthe petitioner has prayed for a larger relief, this Court, inthe light of the above facts and circumstances and withoutgoing into the merits of the claim projected by the petitioner,permits the petitioner to submit one more representation to therespondents 1 to 3 as to the harassment meted out to them andthe 2nd respondent, on receipt of the same, is directed toconsider the said representation in the light of the abovecited order and pass orders within a period of four weeks fromthe date of receipt of such representation from the petitionerand communicate the decision taken, to the petitioner.”

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

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

/True Copy/

Sub Assistant Registrar

To1. The Commissioner of Police, Madurai City, Madurai.2. The Inspector of Police, Avaniyapuram Police Station, Madurai City.

+1cc to Mr.P.T.Rameshraja, Advocate, Sr.No:83763+1cc to Special Government Pleader, Advocate, Sr.No:83829

trpmi/ss3/sar2/04.01.2017/4p/5c

W.P(MD) No.25081 of 2016and W.M.P.(MD) No.18148 of 201629.12.2016