Victory Yanam Sports Cultural And Recreation Club v. Deputy Collector (Revenue), Yanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021 CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Writ Petition No.25153 of 2021 Victory Yanam Sports Cultural and Recreation Club S.No. 273 of 2021 Rep. by its President Mr. Kilaru Jagadish, No. 8 -12 - 009, Flood Bank Road, Yanam, Pududhcherry - 533 464 .
... Petitioner -Vs1. Deputy collector (Revenue), Yanam.
Office of the Sub / Deputy Collector (Revenue), Regional Administrator Building, Yanam.
2. TheDirector General of Police No 2, Dumas street, White Town, Puducherry, 605 001
3. The Superintendent of Police, Yanam Police Station, Yanam- 533 464.
4 . The Circle Inspector, Yanam Police Station, Yanam-533 464.
... Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Declaration, declaring the actions of the Respondents in not allowing the petitioner club to organize to conduct the 13 card game / syndicate, bridge with stakes as illegal, arbitrary and without jurisdiction and consequently direct the respondents not to interfere with the cards rooms of the petitioner's cultural club situated at No. 8 - 12 - 009, Flood Bank Road, Yanam, Puducherry - 533464.
For Petitioner :
Mr. M.Madhuprakash
For Respondents : Mr. C.T.Ramesh Additional Government Pleader(Pondy)
O R D E R
This writ petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Declaration, declaring the actions of the Respondents in not allowing the petitioner club to organize to conduct the 13 card game / syndicate, bridge with stakes as illegal, arbitrary and without jurisdiction and consequently direct the respondents not to interfere with the cards rooms of the petitioner's cultural club situated at No. 8 - 12 - 009, Flood Bank Road, Yanam, Puducherry - 533464.
2. The case of the petitioner is that the petitioner is the president to the cultural club which is registered under the Societies Registration Act. The petitioner club endeavors to sport and advance cultural activities to the members of the club and to their families and children. All the facilities for the members are for physical and mental exercises and is a recreation facility. Immediately after the opening of the cultural club, the 4th respondent along with their personnel conducted raid on the club based on the false complaint received from anonymous person and the respondent is continuously disturbing the petitioner club and their members in the name of conducting raid which affects the petitioner club members and is destroying the peaceful environment existing in the club and the members are subjected to mental stress.
3. It is further submitted that the petitioner club use card room facility to play a game of rummy and this game is termed as a skill game as held by the Supreme Court and this Court. However without considering the order passed by this Court, the respondents are disturbing the petitioner club. Hence, this Writ petition.
4. The learned counsel appearing for the petitioner admitted that the 2nd respondent have power to inspect the petitioner club if any illegal activities are being done and shall take action, however, not allowing the petitioner to organize and to conduct card games stating it as illegal is not sustainable. Hence, it would suffice if this Court issues direction to the respondents not to interfere with the card room game of the petitioner's cultural club in the name of conducting raid.
5. On the above contentions, this Court heard the Learned counsel appearing for the Respondent.
6. Considering the above submission, since the petitioner himself has fairly conceded that the 2nd respondent is vested with power to inspect the petitioner club, the prayer sought for by the petitioner cannot be granted. However, this Court issues direction to the respondent not to interfere in the operation of the petitioner club, so long as the activities are conducted in a legal manner. If any illegal activities are done, the respondent is at liberty to proceed against the club in a manner known to law.
7. With the above direction, this Writ petition is dismissed. No costs Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sha/skt To
1. The Deputy collector (Revenue), Yanam.
Office of the Sub / Deputy Collector (Revenue), Regional Administrator Building, Yanam.
2. TheDirector General of Police No 2, Dumas street, White Town, Puducherry, 605 001
3. The Superintendent of Police, Yanam Police Station, Yanam- 533 464.
4 . The Circle Inspector, Yanam Police Station, Yanam-533 464.
+1cc to the Government Pleader,Puducherry. S.R.No.61639 Writ Petition No.25153 of 2021 JPL(CO) CT 19/01/2022