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[Cites 4, Cited by 0]

Madras High Court

P.Vanagamudi Arasan vs The Commissioner Of Police on 5 December, 2019

Author: C.V.Karthikeyan

Bench: C.V.Karthikeyan

                                                                                Writ Petition No.9679 of 2019


                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 05.12.2019

                                                           CORAM

                                     THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                                Writ Petition No.9679 of 2019

                      P.Vanagamudi Arasan                                                   ...Petitioner

                                                             Vs
                      1.The Commissioner of Police,
                        Officer of the Commissioner of Police,
                        Tirupur City.

                      2.The Deputy Commissioner of Police,
                        Tirupur City,
                        Tirupur.

                      3.The Assistant Commissioner of Police,
                        Tirupur North,
                        Tirupur City,
                        Tirupur District.

                      4.State rep by
                        Inspector of Police,
                        North Police Station,
                        Tirupur city,
                        Tiruppur District                                            ... Respondents



                            Writ Petition filed under Article 226 of The Constitution of India praying
                      for the issuance of a Writ of Mandamus, forbearing the respondents from in any
                      manner interfering with the affairs of the petitioner's club RAJAS RECREATION
                      AND SPORTS CLUB TIRUPUR as Sl.No.108/2016 situated at No.76, Vanakkara
                      Street, K.P.N.Colony Extension, Tirupur-1 or its members including the
                      facilities provided for playing various games including the game of playing
http://www.judis.nic.in
                      rummy not involving any element of gambling.

                      1
                                                                                   Writ Petition No.9679 of 2019




                                     For Petitioner     :      Mr.C.S.Saravanan

                                     For R1 to R4       :      Mrs.P.Rajalakshmi
                                                               Additional Government Pleader

                                                             *****

                                                            ORDER

The petitioner's club Rajas Recreation and Sports Club Tirupur was registered under the provisions of the Tamil Nadu Societies Registration Act 1975 by the Registrar of Societies, Tirupur in Sl.No.108/2016 on 17.11.2016.

The Writ Petition has been filed seeking a mandamus against the respondents for interfering with the affairs of the petitioner's club.

2.Heard the learned counsel for the petitioner and the learned Government Advocate and peruse the materials on record.

3.The Writ of similar in nature, viz., WP.No.30779 of 2018 (The Universal Recreation and Sports club Vs. The Commissioner of Police, Tirupur City, and one another dated 22.11.2018,) following directions had been issued:

''(a) The petitioner Club is permitted to allow the visitors to play indoor/outdoor games, including rummy without stakes, and there should not be http://www.judis.nic.in 2 Writ Petition No.9679 of 2019 any gambling activities.
(b) The respondents shall not interfere with the affairs of the club, if the conduct of the games is in tune with the directions of this Court and as per the provisions of the public Gambling Act, 1867 (c The petitioner shall install CCTV Cameras inside the club area, where gaming facilities are provided and record everyday's activities. Whenever the respondents receive complaints or input of gambling, instead of visiting the Club directly, the respondents may direct the Club to produce the CCTV footage, based on which the respondents may take action accordance with law.
(d) It is the responsibility of the petitioner Club to provide CCTV footage intact, after retaining a copy for their reference. Installation of such CCTVs may be done as per instructions from the respondents, in accordance with the guidelines.
(e) It is open to the respondents to take action against the petitioner Club, in accordance with law, if there is specific input or reasonable doubt, by http://www.judis.nic.in entering into the club. 3 Writ Petition No.9679 of 2019
(f) The respondents, while exercising the powers, should follow the mandatory provisions as enumerated in Section 5 of the Tamil Nadu Gaming Act, 1930/Public Gaming Act, 1867.''

4.The present Writ Petition is also disposed of in the above lines.

05.12.2019 vsn Speaking (or) Non Speaking Order Index : Yes/ No Internet : Yes To

1.The Commissioner of Police, Officer of the Commissioner of Police, Tirupur City.

2.The Deputy Commissioner of Police, Tirupur City, Tirupur.

3.The Assistant Commissioner of Police, Tirupur North, Tirupur City, Tirupur District.

4.The Inspector of Police, North Police Station, Tirupur city, http://www.judis.nic.in Tiruppur District 4 Writ Petition No.9679 of 2019 http://www.judis.nic.in 5 Writ Petition No.9679 of 2019 C.V.KARTHIKEYAN, J vsn Writ Petition No.9679 of 2019 17.05.2019 http://www.judis.nic.in 6