Srk Homestead Recreation v. The Deputy Superintendent Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2019
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.15828 of 2018 SRK Homestead Recreation Centre, Represented by its Secretary, K.P.Ravindranath, S.F.No.323/1-1A Periyakottai Pirivu, Marulpatty Road, Kannama Naickanur Post, Udumalaipet Taluk, Tiruppur District. ... Petitioner Vs.
1. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Udumalaipet, Tiruppur District.
2. The Inspector of Police, Udumalaipet, Tiruppur District.
... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the respondents herein to consider and pass orders on the representation of the petitioner dated 14.05.2018 and to direct the second respondent not to disturb the petitioner Centre frequently under the guise of inspection. For Petitioner :
Mr.R.Sasikumar For Respondents:
Mr.R.Govindasamy Special Government Pleader
ORDER
The petitioner has to obtain the license from the Collector, Tiruppur District for running the society and disclosing the nature of its activities. After obtaining the license, the petitioner can continue to do their business with a following directions :- (a) The petitioner Centre is permitted to allow the visitors to play indoor/outdoor games and there should not be any gambling activities.
(b) The respondents shall not interfere with the affairs of the Centre, 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.
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(c) The petitioner shall install CCTV Cameras inside the Centre area, where gaming facilities are provided and record everyday's activities. Whenever the respondents receive complaints or input of gambling, instead of visiting the Centre directly, the respondents may direct the Centre to produce the CCTV footage, based on which the respondents may take action in accordance with law.
(d) It is the responsibility of the petitioner Centre 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 Centre, in accordance with law, if there is specific input or reasonable doubt, by entering into the club. (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.
2. The second respondent is present in person. The learned Special Government Pleader appearing for the respondents stated on instructions that the Police will not unnecessarily interfere with the functioning of the petitioner's business.
3. Accordingly, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar sni To
1. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Udumalaipet, Tiruppur District.
2. The Inspector of Police, Udumalaipet, Tiruppur District.
+1cc to Mr.R.Sasikumar, Advocate SR.No.104839 +1cc to Government Pleader, High Court, Madras SR.No.105798 W.P.No.15828 of 2018 MR(CO) GMY(27/01/2020) https://hcservices.ecourts.gov.in/hcservices/