Arrow Star Recreation Club, v. The District Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 26.09.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.33641 of 2016 & W.M.P.No.29009 of 2016 Arrow Star Recretaion Club Vellakovil rep. by its President V.N.Duraikandasamy 5/72, Uppupalayan Road Vellakovil-638 111 .. Petitioner Vs 1.The District Superintendent of Police Tiruppur 2.The Deputy Superintendent of Police Kangeyam 3.The Inspector of Police Vellakovil Police Station Vellakovil ..

Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 12.08.2016.

For Petitioner : Mr.M.Saravana Kumar For Respondents : Mr.A.N.Thambidurai, Spl.G.P.

O R D E R

Writ petition is filed seeking a writ of mandamus to direct the respondents to consider the petitioner's representation dated 12.08.2016 and pass orders.

2. Earlier, the petitioner came before this Court for some what an identical relief by filing W.P.No.4118 of 2010 which was disposed of by order dated 26.02.2010. Pursuant to which it appears that the Superintendent of Police has taken

up the issue not only with regard to the petitioner club but other clubs in the Tiruppur District and it is seen that a communication has been drafted to be sent to all the clubs in the area. In the said communication the following stand has been taken:

"The Tiruppur District Police does not want to interfere in the lawful and peaceful functioning of your club. However, if credible information is received and reasonable suspicion exists that gaming is being conducted on the premises, Police officers shall raid the place and take action as per law.

You are further informed that violatin of the law will make your club liable to having being booked cases in accordance with law especially against managers or owners as per Sec.4(1) TN Gaming Act besides licences cancelled.

The Tiruppur District Police looks forward to your co-operation in ensuing compliance with the law."

In the light of the above, there will be a direction to the 1st respondent to communicate the said communication dated 12.10.2012, as it appears that it has not been specifically addressed to the petitioner. Thereafter, it is always open to the respondents to take action in accordance with law if there is credible information and reasonable suspicion stating that gaming is been conducted in the premises.

With the above observation, writ petition is dismissed. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The District Superintendent of Police Tiruppur 2.The Deputy Superintendent of Police Kangeyam

3.The Inspector of Police Vellakovil Police Station Vellakovil 1 cc to Mr.M.Saravanankumar, Advocate, sr.55087 1 cc to Government Pleader, sr.55642 W.P.No.33641 of 2016 ad co kra 19.10.2016