Madras High Court
Cue Sports Promotion And Social vs The Commissioner Of Police on 21 June, 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 21.06.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANANARAYANAN
Writ Petition No.16471 of 2016
Cue Sports Promotion and Social
Association
rep. by its General Secretary,
V Floor, 318 Raj Complex,
Avvai Shanmugam Salai (Llyods Road),
Gopalapuram,
Chennai-600 086. .. Petitioner
Vs.
1.The Commissioner of Police,
Chennai Metropolitan Corporation,
Egmore, Chennai-600 007.
2.The Deputy Commissioner of Police,
Kutchery Road,
Mylapore, Chennai-600 004.
3.The Inspector of Police,
Kutchery Raod,
Mylapore, Chennai-600 004. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus, forbearing the respondents, their servants, employees, representatives or any other person claiming under the respondent from in any manner interfering with the activities like playing indoor games and outdoor games including the card game of Rummy at the premises of the petitioner Association's club situated at V Floor, No.318, Raj Complex, Avvai Shanmugam Salai (Llyods Road), Gopalapuram, Chennai-600 086.
For Petitioner : M/s.Preeti Mohan
For Respondents : Mr.R.Govindasamy
Spl. Government Pleader
O R D E R
By consent, the Writ Petition itself is taken up for final disposal.
2.The grievance expressed by the petitioner is that the third respondent under the guise of verification/inspection, is repeatedly barging into the Club premises and creating trouble and nuisance. Therefore, he came forward to file the present writ petition.
3.It is relevant to extract the objects of the Petitioner's Association:
I further submit that the object of the Petitioner Association's are as follows:
a)To foster, encourage and stimulate interest in Cue Sports particularly in the City of Chennai and generally in the State of Tamil Nadu.
b)To arrange for coaching and coaching academies for Players.
c)To arrange for financial assistance in various forms to the Players.
d)To identify top ranked players in each variation of cue sports and to enter into annual sponsorship agreements with them.
e)To identify top ranked players in each variation of cue sports and to sponsor their entry fees to participate in all official matches authorized by the State Body.
f)To sponsor, partly or fully, the travelling expenses of selective players participating in National and International events.
g)To arrange for monthly stipends to selective and deserving players.
h)To sponsor rolling shields and selective tournaments.
i)To constitute prizes for outstanding achievements of Players in Tamil Nadu.
j)To promote social intercourse amongst its members and afford them means of physical and intellectual recreation and improvement.
k)To provide recreation and various amenities to the members, subject to financial & physical constraints/implications and statutory clearances, such as-
i)Tennis, Table-Tennis, Billiards, Pool, Chess, Cards and other games of skill or amusement.
ii)Newspapers and periodicals and a library may be formed gradually for the use of the members.
iii)Refreshments that may be provided by the Association, or allowed to be provided by the others, at the discretion of the Committee.
iv)Social gatherings, entertainments, lectures, meetings etc.
l)To generate funds for the Association through various activities as afore mentioned and by conducting various tournaments etc. The funds thus generated will be utilized for the furtherance of the objects of the Association and or to improve the playing conditions to players and general facilities to members.
m)To generate funds through offering event management service for conduct of cue sport tournaments.
n)The Association may accept any donation or contribution in cash or in kind from any member, person, firm, company, corporation, association, institutions or trust (including the members) for the furtherance of the aims and objects of the Association or for any one or more of them upon such terms and conditions as they may in their absolute discretion think fit and which are not inconsistent with the aims and objects of the Association.
o)To affiliate the Association with the State Body in-charge of cue sports in Tamil Nadu and join in promotion of cue sports.
4.The learned counsel for the petitioner on instructions would submit that apart from the objects mentioned in para 4 of the affidavit cited supra, they are not indulging in any illegal activities including playing cards with stakes. The submission made, on instructions is placed on record.
5.The learned counsel for the petitioner also drawn the attention of this Court to the order dated 04.04.2016 in W.P.No.12512 of 2016 [Chennai indoor Sports Games rep. by its Secretary, IV Floor, Raj Complex, No.318, Lloyds Road, Chennai-86 V. The Commissioner of Police, Chennai Commissioner Office, Vepery, Chennai and 2 Others] and would submit that on similar facts and circumstances, this Court has placed reliance upon the earlier order dated 04.11.2011 in W.P.No.21620 of 2011 and disposed of the writ petition and prayed that similar orders may be passed.
6.Per contra, the learned Special Government Pleader who accepts notice on behalf of the respondents submitted that gambling activities were going on in the petitioner's club which resulted in registration of the case in E-2, Royapettah Police Station, Chennai in Cr.No.1748/2015 for the offences under Sections 45 and 46 of the Chennai Police Act. Accused 1 to 26 pleaded guilty and paid a fine of Rs.200/- each before the learned XVIII Metropolitan Magistrate, Chennai. Thereafter, no illegal or unlawful activities are noted in the said club.
7.This Court has considered the rival submissions and also perused the materials placed before it.
8.It is relevant to extract the conditions stated in the above order dated 04.04.2016 in W.P.No.10828 of 2016:
a)The petitioner association shall not indulge in any illegal activity other than playing Rummy (13 cards) with 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 also advised not to disturb the petitioner association frequently under the guise of inspection as it would disturb the peace harmony of the petitioner association.
d)The petitioner and the members of the petitioner club are entitled to carry on 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 Clubs, by the police. It is not permissible for the police to enter the Club premises as a routine measure, so long as the Clubs are 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 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;
g)While exercising the powers conferred on the Police authorities, they should follow the mandatory provision as contained in Section 5 of the Tamil Nadu Gaming Act, 1930/Public Gambling Act, 1867;
h)It is always open to the Club or its members to challenge 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 Club in exercise of the powers conferred, they have to issue an order in writing. When there is no authority 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 Club, in exercise of the powers conferred on the authorities, they should follow the principles of natural justice. The Club should be given an opportunity to submit their objections and if so desire, a further opportunity of personal hearing should also be given.
9.In the light of the above settled position, this writ petition is disposed of on the above terms. It is made clear that if the petitioner indulge in any of the illegal or unlawful activities, it is always open to the respondent police to take appropriate action in accordance with law, as it is also their duty to prevent commission of offence. No costs. 21.06.2016 Index:No Internet:Yes DP M.SATHYANARAYANAN.J, DP To
1.The Commissioner of Police, Chennai Metropolitan Corporation, Egmore, Chennai-600 007.
2.The Deputy Commissioner of Police, Kutchery Road, Mylapore, Chennai-600 004.
3.The Inspector of Police, Kutchery Raod, Mylapore, Chennai-600 004.
WP No.16471 of 201621.06.2016