Madras High Court
Amaravathi Sports And Recreation Club vs A.K.Viswanathan on 21 February, 2020
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
Contempt Petition.No.64 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.02.2020
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
Contempt Petition.No.64 of 2019
Amaravathi Sports and Recreation Club,
Regn.No.312/2017,
represented by its President,
B.Babu,
No.3A, Third Anna Cross Street,
M.T.H.Road, Padi,
Chennai 600 050. ... Petitioner
..Vs.
1.A.K.Viswanathan, IPS,
The Commissioner of Police,
Office of the Commissioner,
Vepery,
Chennai.
2.Vijayakumari,
The Joint Commissioner of Police (West),
Ambattur Range,
SIDCO Industrial Buildings,
Ambattur,
Chennai.
3.Easwaran
The Deputy Commissioner of Police,
Ambattur Police District,
1/9
http://www.judis.nic.in
Contempt Petition.No.64 of 2019
Avadi, Chennai.
4.P.Radhakrishnan
The Assistant Commissioner of Police,
Ambattur, Chennai.
5.R.Mohan
The Inspector of Police (Law and Order),
E3, Police Station,
Korattur, Chennai. .. Respondents
PRAYER : contempt Petition filed Under Section 11 of the Contempt of
Courts Act to punish the respondents for his wilful and intentional
disobedience of the order passed in W.M.P.No.23385 of 2018 in
W.P.No.19974 of 2018 under the relevant provision of Contempt of Courts
Act, 1971.
For Petitioner : Mr.R.Rajesh Kumar
For Respondents : Mr.K.C.Vinoth
ORDER
The Contempt Petition has been filed by M/s.Amaravathi Sports & Recreation Club, Registration No.312/2017, represented by its President B.Babu, No.3A, Third Anna Cross Street, M.T.H.Road, Padi, Chennai – 600 050 as against the 5th respondent for his wilful and intentional disobedience of the order passed on W.M.P.No.23385 of 2018 in W.P.No.19974 of 2018 under the relevant provision of Contempt of Courts Act, 1971. 2/9 http://www.judis.nic.in Contempt Petition.No.64 of 2019
2.It is seen that the writ petition is still pending. Only interim directions were given to the respondents to maintain status quo as on date.
3.The petitioner Association had been formed on 15.12.2017 and registered under the Tamilnadu Societies Registration Act, 1975. The petitioner claimed that they are doing lawful activities. By establishing a reading room consisting of useful books, arranging performance such as dramas, encouraging arts and literature, arranging lectures of social, moral, literary, historic, other fine arts, holding free art exhibitions, music festivals and conferences. The petitioner Association had filed W.P.No.19974 of 2018 seeking protection from interference of its peaceful functioning. In the said writ petition, a learned Single Judge of this Court had granted status quo. The claim that the respondents have been violating the said order, this contempt petition has been filed.
4.The learned counsel for the petitioner has relied the order in W.P.(MD) No.3595 of 2008 in the case of Anandham Manamagil Mandram Vs. The Superintendent of Police and others. The relevant 3/9 http://www.judis.nic.in Contempt Petition.No.64 of 2019 paragraph is extracted hereunder:-
“(iii) If the police authorities have specific information or reasonable doubt that the activities carried on by the club 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 club premises, conduct investigation, interrogate those who involve themselves in such activities and take appropriate action on merits and as per law”
5.It is seen that the learned Single Judge had granted right to the police to enter upon the club if there is violation of the provisions of the Public Gambling Act, 1867/Tamilnadu Gaming Act, 1930. It was very specifically stated that the respondent police have a right to proceed to enter the club premises, conduct investigation, interrogate who involve themselves in such activities and take appropriate action on merits and as per law.
6.The learned counsel for the petitioner had also relied on another judgment in W.P.No.15314 of 2017 in the case of Tamizhan Union 4/9 http://www.judis.nic.in Contempt Petition.No.64 of 2019 Association Vs. The Commissioner of Police and others. The relevant paragraph is extracted hereunder:-
“The police are entitled to take action in the even of any illegal activity being carried on in the premises of the petitioner association.”
7.It is seen that the police are entitled to take action in the event of any illegal activity being carried on the premises of the petitioner Association.
8.In the instant case, no material has been produced by the petitioner that they have been arranging performance such as dramas, providing encouragement for arts and literature, arranging lectures of social and other various aspects, holding free art exhibitions, music festivals, conferences, etc. However, on the other hand, examination of the First Information Report registered against the petitioner shows that 17 members of the petitioner's club were gambling with money and a sum of Rs.6,800/- was seized. This was an illegal act and subsequently, the respondent police had arrested the members and later released them on bail. 5/9 http://www.judis.nic.in Contempt Petition.No.64 of 2019
9.An Advocate Commissioner had been appointed and he had stated that he went to Seshadri Recreation Club and later to Amaravathi Sports and Recreation Club. Both Clubs are located in the same street. The First Information Report had also been registered against the Seshadri Recreation Club.
10.This Court or any other Court can never give any order to restrain the police from taking action when information is received with respect to carrying on illegal activities. The learned counsel for the petitioner contended that the name of the two informants had not been given and it should not be disclosed. On the other hand, no reason to hold that the respondents are in contempt of the orders of this Court. The respondents are within the powers to enter upon any premises, interrogate, who involve themselves in such activities and take appropriate action on merits and as per law.
11.In view of these reasons, this Contempt Petition is closed. 6/9 http://www.judis.nic.in Contempt Petition.No.64 of 2019 However, there shall be no order as to costs.
Index : Yes / No 21.02.2020
Internet : Yes / No
tta
To
1.The Commissioner of Police,
Office of the Commissioner,
Vepery,
Chennai.
2.The Joint Commissioner of Police (West), Ambattur Range, SIDCO Industrial Buildings, Ambattur, Chennai.
3.The Deputy Commissioner of Police, Ambattur Police District, Avadi, Chennai.
4.The Assistant Commissioner of Police, Ambattur, Chennai.
5.The Inspector of Police (Law and Order), E3, Police Station, Korattur, Chennai.
7/9 http://www.judis.nic.in Contempt Petition.No.64 of 2019 C.V.KARTHIKEYAN.J, tta Contempt Petition.No.64 of 2020 8/9 http://www.judis.nic.in Contempt Petition.No.64 of 2019 21.02.2020 9/9 http://www.judis.nic.in