Mr.P.V.Selvakumar, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage itself.
2. The petitioner seeks for Mandamus to forbear the respondents from interfering with the legal activities of the petitioner club including playing of 13 cards game like Rummy with stakes whatever and also from harassing the members, guests or the members of the Management of the petitioner club in any manner.
3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.
4. It is seen that a similar relief sought for in W.P.(MD) No.24078/2016 was considered and an order was passed on 08.03.2017, wherein the said Writ Petition was disposed of by imposing certain terms and conditions. The operative portion of the said order reads as follows.
4. The Learned counsel appearing for the petitioner submitted that Section 3 of the City Police Act, 1888 defines the 'Common Gaming House', Section 45 of City Police Act prescribes the punishment for using a place as a Common Gaming House. A reading of both the provisions show that in a place where game is played on wager or bet, the police have got right to interfere and prosecute the persons who run the place under Section 45 of the City Police Act. In this case the petitioner is running a recreation club for its members, wherein according to the petitioner game of rummy is played without stakes.
5. However the Learned Additional Government Pleader on instructions submitted that the police are not causing any disturbance to the activities of the petitioner.
6. His submission is recorded. It is also seen that a Division Bench of this Court in Director General of Police, State of Tamil Nadu, Mahalakshmi Cultural Association (2012(2) CTC 484) has gone into this aspect of recreation club permitting the recreation club to play rummy without stakes and held as follows: On the basis of the above discussions, we arrive at the following conclusions:
(1) The game of rummy (13 card) is only a game of skill even though an element of chance is also involved. (2) In the event rummy is played by the members or the guests without stakes, the provisions of the Chennai City Police At are not attracted. (3) In the event rummy is played by the members or the guests with stakes, the provision of the Chennai City Police Act are attracted. (4) In the event the Club/ Association either allows its members or guests to play rummy with stakes or make any profit or gain out of such gambling, the police has the authority to invoke the provisions of the Chennai City Police Act. (5) In order to ascertain as to whether the premises is used as a gaming house for gambling, the Police is entitles to invoke Section 23 of the Act.
7. In view of the above, this Court directs that
(i) The petitioner association shall not indulge in any activity by allowing its members or the guests to play rummy (13 cards) with stakes and make profit or gain.
(ii) The police are entitled to take action in the event of any illegal activity is carried on in the Association premises.
(iii) The Police shall not disturb the Respondent-Association frequently under the guise of inspection without there being any reliable information as to the illegal activities of the association or its members or the guests.
8. With the above direction, this Writ Petition is disposed of. No costs.
5. Learned counsel for the petitioner submitted that the very same order can be passed in this matter also since the relief is one and the same in both the matters.
6. Considering the above stated facts and circumstances, this writ petition is disposed of by issuing the following observations and directions.
(i) The petitioner association shall not indulge in any activity by allowing its members or the guests to play rummy (13 cards) with stakes and make profit or gain.
(ii) The police are entitled to take action in the event of any illegal activity is carried on in the Association premises.
(iii) The Police shall not disturb the Respondent-Association frequently under the guise of inspection K.RAVICHANDRABAABU,J.
vsi without there being any reliable information as to the illegal activities of the association or its members or the guests. No costs. Consequently, connected miscellaneous petition is closed.
16.11.2017 Speaking/Non speaking Index: Yes/No vsi To
1. The Superintendent of Police, Vellore District, Vellore.
2. The Deputy Superintendent of Police, Guidyatham, Vellore District.
3. The Inspector of Police (Law and Order) K.V.Kuppam Police Station, K.V.Kuppam, Vellore District.
W.P.No.29261 of 2017