IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.06.2017 CORAM THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.38168 of 2017 & W.M.P.No.7634 of 2017 S.Sabarigeethan ... Petitioner v.
1. The Superintendent of Police, Office of the District Superintendent of Police, Erode, Erode District.
2. The Inspector of Police, Perundurai Police Station, Erode District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, forbearing the respondents from interfering with the day-to-day affairs of the Petitioner's Club namely Tamilnadu Rummy Association – Erode or its members and right to avail the facilities for playing rummy, Carom, Chess and other indoor games by not involving any element of gambling in its premises at Plot No.2A, R.S.No.808, K.K. Nagar, Vaikkalmedu, Perundurai Road, Erode District.
For Petitioner : Mr.S.E.Sathiyaraj For Respondents : Mr.A.N.Thambidurai Special Govt. Pleader O R D E R By consent of both the counsels, the writ petition itself is taken up for final hearing and disposed of by this order.
2. The petitioner has filed the above writ petition to issue a Writ of Mandamus, forbearing the respondents from interfering with the day-to-day affairs of the Petitioner's Club, viz., Tamil Nadu Rummy Association – Erode or its members and right to avail the facilities for playing rummy, Carom, Chess and other indoor games by not involving any element of gambling in its premises at Plot No.2A, R.S.No.808, K.K. Nagar, Vaikkalmedu, Perundurai Road, Erode District.
3. It is the case of the petitioner that they are running a club, viz., Tamil Nadu Rummy Association – Erode, registered under the Tamil Nadu Societies Registration Act, 1975. According to the petitioner, the said club is functioning within the purview of the Rules and Regulation framed for the purpose of running the recreation club. It is also the case of the petitioner that he is running a recreation club where their members play rummy without stakes and that the police are very frequently interfering and harassing them.
4. Heard Mr.S.E.Sathiyaraj, learned counsel appearing for the petitioner and Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents.
5. 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 shows 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 the case of the petitioner, it is a recreation club for its members, wherein, according to the petitioner, game of rummy is played without stakes.
6. The Division Bench of this Court in the judgment reported in 2012(2) CTC 484 [Director General of Police, State of Tamil Nadu, Mahalakshmi Cultural Association] has gone into this aspect of recreation club permitting the recreation club to play rummy without stakes and held as follows:
“24. 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 Act are not attracted.
(3) In the event rummy is played by the members or the guests with stakes, the provisions of the Chennai City Police Act are attracted.
(4) In the event the Club/Association either allows its members or gusts 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 order passed by the Division Bench of this court, 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.
With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
01.06.2017 Index : Yes/No Rj To
1. The Superintendent of Police, Office of the District Superintendent of Police, Erode, Erode District.
2. The Inspector of Police, Perundurai Police Station, Erode District.
M.DURAISWAMY,J.
Rj W.P.No.38168 of 2017 & W.M.P.No.7634 of 2017 01.06.2017