Madras High Court
Raintree Country Club vs The Commissioner Of Police on 5 May, 2021
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
W.P.No.12682 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On : 01.07.2022
Delivered On : .07.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.No.12682 of 2021
Raintree Country Club,
Represented by its Secretary,
Mr.Dhayanand Vinodh ... Petitioner
Vs.
1.The Commissioner of Police,
Near Collectorate Office,
Hosur Road, Coimbatore Central,
Coimbatore - 641 018.
2.The Assistant Commissioner of Police,
Near Collectorate Office,
Hosur Road, Coimbatore Central,
Coimbatore - 641 018.
3.The Inspector of Police,
E1- Singanallur Police Station,
Coimbatore - 641 005. ... Respondent
Prayer: This Writ Petition had been filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus restraining the
Respondents to interfere with the peaceful and smooth running activities of
the Petitioner's Club and from harassing the Petitioner's Club and its
members, guests, staff and any members associated with the Petitioner's
Club.
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https://www.mhc.tn.gov.in/judis
W.P.No.12682 of 2021
For Petitioner : Mr.Lulu Mariam
for S.V.Pravin Rathinam
For Respondents : Mr.L.Baskaran
Government Advocate (Crl. Side)
ORDER
This Writ Petition had been filed seeking direction not to interfere with the peaceful and smooth running activities of the Petitioner's Club.
2.The learned Counsel appearing for the Petitioner submitted her arguments. It is the submission of the learned Counsel for the Petitioner that the Petitioner is the Secretary of the Raintree Country Club which is situated in Door No.9, Sarathy Nagar, Nanda Nagar Road, Singanallur, Coimbatore - 641 005. The object of the Club is to provide recreational activities & facilities to its members which includes but not limited to playing cards. It was established in the year 2001 and registered under the Tamil Nadu Societies Registration Act, 1975 and having Registration No.0213 of 2001. The Petitioner's Club is only engaged in activities which are duly permitted and allowed within the bye laws of the Club. They are duly following rules and regulations of the Government of Tamil Nadu. 2/7 https://www.mhc.tn.gov.in/judis W.P.No.12682 of 2021 There are 320 permanent members, all are from reputed families in the vicinity of the Club. The members of the Club are permitted to play cards but strictly prohibits stakes, as it attracts Gambling Act and also the Club ensures that its members does not involve in illegal activities within its premises.
3. On 15.01.2021, the third Respondent Police visited the Petitioner's Club, conducted raid in the premises, frisked money worth Rs.55,640/- from the members of the Club who were then present in the premises. The third Respondent had arrested 30 members and immediately registered the FIR in Crime No.63 of 2021 under Tamil Nadu Gambling Act, 1930 against them on 15.01.2021. The said members were not provided an opportunity of hearing on the frivolous allegations made against them. Therefore, the Respondent Police had violated the principles of natural justice. The arrested members were let out on station bail. The Petitioner's Club had received a show-cause notice dated 05.05.2021 from the first Respondent wherein it is alleged that the Petitioner's Club was carrying out illegal activities. The third Respondent Police had asked Petitioner's Club to show- cause as to why FL2 license granted to the Petitioner's Club should not be 3/7 https://www.mhc.tn.gov.in/judis W.P.No.12682 of 2021 cancelled due to the alleged gambling activities in the premises of the Petitioner's Club. The allegations against the Petitioner's Club having been engaged in gambling activities were strongly denied by the Petitioner's Club in their reply letter dated 12.05.2021. The Petitioner's Club had been granted FL2 license for liquor distribution. The same had been renewed by them from time to time. The Petitioner's Club had not violated the conditions in FL2 license. The said show-cause notice is the clear instance of the first Respondent Police harassing the Petitioner, as the FIR does not contend any allegations regarding FL2 license. Therefore, the Petitioner's Club prays the Court to direct the Respondents, their agents, their representatives in any manner not to interfere with the peaceful and smooth running activities of the Petitioner's Club.
4.The learned Counsel for the Petitioner relied on the reported rulings of this Court in 2012(2) CTC 484 in the case of the Director General of Police, State of Tamil Nadu vs. Mahalakshmi Cultural Association and he further invited the attention of this Court to the bye laws of the Petitioner's Club, which are extracted hereunder:
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https://www.mhc.tn.gov.in/judis W.P.No.12682 of 2021 "a) To establish benevolent funds to assist the members and their families in times of need.
b) To hold cultural, educational and social gatherings.
c) To hold entertainment activities such as conducting amusement club, including Restaurant, Swimming Pool, Horse riding, Cottages and Video Parlour.
d) To conduct sports activities such as Go Carting, Dirt Track, Bike scrambling, snow bowling, Billiards, Snookers, Cyber games, Playing cards without money involving and only for members entertainment.
e) To conduct open Air T.V., Theatres.
f) To conduct fashion shows, New Year celebrations, Lovers celebrations, Even Managers, Cine Artists functions, Cultural Programs and such other activities."
5. The learned Government Advocate (Crl. Side) submitted that if the members of the Petitioner Club have been playing the game without stakes, an undertaking to that effect may be obtained from the Petitioner.
6. On filing the undertaking by the sworn affidavit by the Secretary of the Raintree Country Club before this Court duly notarised, the Present Writ Petition stands allowed. The Petitioner is directed to furnish notarized undertaking and sworn affidavit to the third Respondent. On furnishing 5/7 https://www.mhc.tn.gov.in/judis W.P.No.12682 of 2021 such notarised undertaking and sworn affidavit, the Respondents are directed not to harass the Petitioner and its members. Consequently, connected miscellaneous petition is closed.
.07.2022 Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order tri To
1.The Commissioner of Police, Near Collectorate Office, Hosur Road, Coimbatore Central, Coimbatore - 641 018.
2.The Assistant Commissioner of Police, Near Collectorate Office, Hosur Road, Coimbatore Central, Coimbatore - 641 018.
3.The Inspector of Police, E1- Singanallur Police Station, Coimbatore - 641 005.
4.The Public Prosecutor, High Court, Madras.
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tri Pre-delivery order in W.P.No.12682 of 2021 .07.2022 7/7 https://www.mhc.tn.gov.in/judis