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M/s. Friends Five Star Recreation & Sports Club Rep by its President Mr.G. Selvaraj v/s The Commissioner of Police Commissioner of Police Campus Vepery, Chennai & Others


Company & Directors' Information:- STAR INDIA PRIVATE LIMITED [Active] CIN = U72300MH1994PTC076485

Company & Directors' Information:- STAR SPORTS INDIA PRIVATE LIMITED [Amalgamated] CIN = U74899MH1995PTC244794

Company & Directors' Information:- R C CLUB PRIVATE LIMITED [Active] CIN = U45201DL2001PTC111352

Company & Directors' Information:- S S RECREATION PRIVATE LIMITED [Active] CIN = U55204DL2010PTC200260

Company & Directors' Information:- R K SPORTS PRIVATE LIMITED [Active] CIN = U36939PB1995PTC017083

Company & Directors' Information:- AND SPORTS PRIVATE LIMITED [Active] CIN = U74110DL2014PTC272251

Company & Directors' Information:- H. K. RECREATION PRIVATE LIMITED [Active] CIN = U55101DL2008PTC173886

Company & Directors' Information:- STAR COMPANY LIMITED [Strike Off] CIN = U67120WB1927PLC005620

Company & Directors' Information:- CLUB 9 INDIA PRIVATE LIMITED [Strike Off] CIN = U15142TZ1987PTC002056

Company & Directors' Information:- CHENNAI RECREATION PRIVATE LIMITED [Active] CIN = U92419TN2020PTC138976

Company & Directors' Information:- G M SPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC031319

Company & Directors' Information:- S B SPORTS LIMITED [Strike Off] CIN = U99999TN2000PLC044534

Company & Directors' Information:- G S SPORTS PVT LTD [Strike Off] CIN = U36939PB1991PTC011148

Company & Directors' Information:- J S SPORTS PRIVATE LIMITED [Active] CIN = U36939PB1995PTC016666

Company & Directors' Information:- FIVE STAR CORPORATION LIMITED [Strike Off] CIN = U70102HR2014PLC051553

Company & Directors' Information:- U S SPORTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U92412MH2009PTC189869

Company & Directors' Information:- A. N. SPORTS INDIA PRIVATE LIMITED [Strike Off] CIN = U74120MH2011PTC219007

Company & Directors' Information:- J M V D RECREATION CLUB PRIVATE LIMITED [Strike Off] CIN = U01010UP1995PTC018734

Company & Directors' Information:- FIVE FRIENDS INDIA PRIVATE LIMITED [Strike Off] CIN = U55101DL1994PTC057423

Company & Directors' Information:- R S SPORTS PRIVATE LIMITED [Strike Off] CIN = U36939PB1999PTC022403

Company & Directors' Information:- A K SPORTS PVT LTD [Strike Off] CIN = U36939PB1983PTC005440

Company & Directors' Information:- STAR T V PRIVATE LIMITED [Strike Off] CIN = U51395UP1985PTC007023

Company & Directors' Information:- STAR OF INDIA LIMITED. [Strike Off] CIN = U99999CH1946PLC001119

Company & Directors' Information:- R P SPORTS PRIVATE LIMITED [Strike Off] CIN = U92412WB2011PTC164017

Company & Directors' Information:- M. G. SPORTS PRIVATE LIMITED [Strike Off] CIN = U52100DL2008PTC172207

Company & Directors' Information:- FRIENDS AND CO LIMITED [Strike Off] CIN = U51109OR1939PLC000035

Company & Directors' Information:- FRIENDS CORPORATION PRIVATE LIMITED [Active] CIN = U74900RJ2013PTC041884

Company & Directors' Information:- A. S. STAR PRIVATE LIMITED [Active] CIN = U74999RJ2016PTC056637

Company & Directors' Information:- I N D SPORTS PRIVATE LIMITED [Strike Off] CIN = U92412TN2011PTC083708

Company & Directors' Information:- SPORTS PRIVATE LIMITED [Active] CIN = U27101UP1952PTC002419

Company & Directors' Information:- STAR O & M PRIVATE LIMITED [Active] CIN = U74999DL2015PTC281303

Company & Directors' Information:- R. D. CAMPUS PRIVATE LIMITED [Active] CIN = U74999DL2017PTC326936

Company & Directors' Information:- R K G SPORTS PRIVATE LIMITED. [Active] CIN = U92200DL2007PTC170466

Company & Directors' Information:- M. K. RECREATION PRIVATE LIMITED [Active] CIN = U55101GJ2005PTC047068

Company & Directors' Information:- K. D. STAR PRIVATE LIMITED [Active] CIN = U45201GJ2011PTC067973

Company & Directors' Information:- N C B CLUB PRIVATE LIMITED [Strike Off] CIN = U65920MH1980PTC023447

Company & Directors' Information:- FRIENDS CLUB LIMITED [Active] CIN = U99999DL1961PLC003570

Company & Directors' Information:- STAR LTD. [Dissolved] CIN = U99999MH1921PTC000957

    W.P.No. 24069 of 2017

    Decided On, 07 September 2017

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. DURAISWAMY

    For the Petitioner: E. Jaisangar, Advocate. For the Respondents: S.N. Parthasarathy, Govt. Advocate.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, forbearing the respondents, their men, agents and officials from interfering with the legal activities of the petitioner club including playing of 13 cards game like Rummy with or without stakes whatever and also from harassing the members guest or the members of the Management of the petitioner club in any manner.)

1. Mr.S.N.Parthasarathy, learned Government Advocate, takes notice for the respondent. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above Writ Petition to issue a Writ of Mandamus forbearing the respondents from interfering with the legal activities of the petitioner club including playing of 13 cards game like Rummy with or without stakes whatever and also from harassing the members guest or the members of the Management of the petitioner club in any manner.

3. According to the petitioner, the members of the Association are actively taking part in recreation activities and social services. The Association members are jointly involved in various social activities and the members play indoor games like Chess, Carom Board, Table Tennis, cards particularly Rummy. The members play Rummy only for recreation purpose without any stakes. According to the petitioner Association, the respondent police along with their team are periodically visiting the Association in the evening hours under the guise of enquiry and threatening the members that they would be arrested on charges of gambling and informed them not to carry out any indoor games like playing cards and to close down the Association, if the members continue to play Rummy.

4. In similar circumstances, this court in W.P.No.6436 of 2012 by order dated 14.03.2012 disposed of the Writ Petition filed by Moon Sports Association, imposing the following conditions:

'...

7. In the light of the law laid down by the Hon'ble Supreme Court and the order passed by this court on a similar issue in the order dated supra, I am inclined to dispose of this Writ Petition with the following conditions:'

i. The petitioner association shall not indulge in any other illegal activity other than playing Rummy (13 cards) with or without 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 of the petitioner's association, inspect and take further action as per law;

iii. The respondent police are advised not to disturb the petitioner association frequently under the guise of inspection as it would disturb the peace and harmony of the petitioner association;

iv. The petitioner and the members of the petitioner association are entitled to carry on their lawful activities within their premises and there should not be any interference from the police authorities, so long as their activities are not 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 interference in the lawful functioning of the association by the police. It is not permissible for the police to enter the petitioner's premises as a routine measure, so long as the association is functioning within the frame work of law;

vi. If the police authorities have specific information or reasonable doubt that the activities carried on by the association or its members are not in accordance with law or they indulge in unlawful activities, in violation of the provisions 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 the Police Station, to proceed to enter the association premises, conduct investigation, interrogate those who involve themselves in such activities and take appropriate action on merits and as per law;

vii. While exercising the powers conferred on the police authorities, they should follow the mandatory provisions 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 to challenge the action taken by the police, if it is not in accordance with law;

ix. In case the police authorities are of the opinion that a situation has arisen to suspend the operation of the association to exercise of the powers conferred, they have to issue an order in writing. When there is no authority granted to the police to issue an order of suspension orally, they are not entitled to pass such oral orders; and

x. Before passing orders for the purpose of closure of the association, in exercise of the powers conferred on the authorities, they should follow the principles of natural justice. The association should be given an opportunity to submit their objections and if so desired, a further opportunity of personal hearing should also be given.'

8. In the result, the Writ Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.'

5. The learned counsel appearing for the petitioner as well as learned Government Advocate appearing for the respondents submitted that the present Writ Petition may also be disposed of imposing the same conditions.

6. In view of the submissions made by the learned counsel on either side, this court directs,

(a) The petitioner association shall not indulge in any other illegal activity other than playing Rummy (13 cards) with or without stakes by its members and guests;

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

(c) The respondent police are advised not to disturb the petitioner association frequently under the guise of inspection as it would disturb the peace and harmony of the petitioner association;

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

(e) In the normal circumstances, there should be no interference in the lawful functioning of the association by the police. It is not permissible for the police to enter the petitioner's premises as a routine measure, so long as the association is functioning within the frame work of law;

(f) If the police authorities have specific information or reasonable doubt that the activities carried on by the association or its members are not in accordance with law or they indulge in unlawful activities, in violation of the provisions 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 the Police Station, to proceed to enter the association premises, conduct investigation, interrogate those who involve themselves in such activities and take appropriate action on merits and as per law;

(g) While exercising the powers conferred on the police authorities, they should follow the mandatory provisions as contained in Section 5 of the Tamil Nadu Gaming Act, 1930/Public Gambling Act, 1867;

(h) It is always open to the association or its members to cha

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llenge the action taken by the police, if it is not in accordance with law; (i) In case the police authorities are of the opinion that a situation has arisen to suspend the operation of the association to exercise of the powers conferred, they have to issue an order in writing. When there is no authority granted to the police to issue an order of suspension orally, they are not entitled to pass such oral orders; and (j) Before passing orders for the purpose of closure of the association, in exercise of the powers conferred on the authorities, they should follow the principles of natural justice. The association should be given an opportunity to submit their objections and if so desired, a further opportunity of personal hearing should also be given.' With the above directions, the writ petition is disposed of. No costs.
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