Winner Recreation Club v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2019 CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.1849 of 2017 and W.M.P.No.1845 of 2017 Winner Recreation Club Represented by its Secretary Mr.N.Ragupathi, ... Petitioner Vs.
1. The Superintendent of Police, O/o The Superintendent of Police, Tiruppur District.
2. The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Dharapuram, Tiruppur District.
3. The Inspector of Police, Dharapuram Police Station Tiruppur District.
... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents and their subordinates from interfering with the lawful day to day affairs of the petitioner club in any manner without any reasonable cause in the premises at S.F.No.232/1-A, Bye-Pass Road, Nanjiyampalayam Village, Dharapuram Taluk, Tiruppur District by considering the petitioner's representation dated 12.01.2017. For Petitioner : Mr.N.Ponraj For Respondents: Mr.M.Mohamed Riyaz Addl. Public Prosecutor ---
O R D E R
Heard Mr.N.Ponraj, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor accepting notice for the respondents and with their consent, the writ petition itself is disposed of at the admission stage itself.
2.The grievance of the petitioner Winner Recreation Club is about the constant interference by the respondent police under the guise of inspecting the premises. The petitioner would state that their activities are lawful.
3.The learned counsel appearing for the petitioner submits that an identical issue arose for consideration in the case of S.R.SPORTS AND RECREATION CLUB REP. BY ITS PRESIDENT v. THE DIRECTOR GENERAL OF POLICE AND ORS in M.P.No.1 of 2013 in W.P.No.30834 of 2013 and this Court after taking note of the earlier directions issued, disposed of the Writ Petition by order dated 27.6.2014. The said order reads as follows: "This Petition has been filed by the writ petitioner praying for interim injunction restraining the respondents and their men, agents, servants from interfering with the services of the petitioner Club in any manner till the disposal of the writ petition.
2.Learned counsel appearing for the petitioner made reliance upon the directions issued by this Court in W.P.No.2972 of 2012 dated 5.3.2012, which is extracted hereunder:
'11. Therefore, in the light of the aforesaid facts and law, I am inclined to follow the earlier judgment dated 04.11.2011 made in W.P.No.21620 of 2011 and dispose of this writ petition with the following conditions:
a)The petitioner association shall not indulge in any illegal activity other than playing Rummy (13 cards) with stakes by its members and guests;
b)If there is any evidence of gambling in some other way, the respondent police have a right to enter the premises of the petitioner's association, inspect and take further action as per law;
c)The respondent police are also advised not to disturb the petitioner association frequently under the guise of inspection as it would disturb the peace harmony of the petitioner association.
d)The petitioner and the members of the petitioner Club are entitled to carry on lawful activities within their premises and there should not be any interference from the police authorities, so long as their activities are not in violation of the
provisions of the Public Gambling Act, 1867/Tamil Nadu Gaming Act, 1930;
e)In the normal circumstances, there should be no interference in the lawful functioning of the Clubs, by the Police. It is not permissible for the police to enter the Club premises as a routine measure, so long as the Clubs are functioning within the frame work of law;
f)If the police authorities have specific information or reasonable doubt that the activities carried on by the Club or its members are not in accordance with law or they indulge in unlawful activities, in violation of the provisions of the Public Gambling Act, 1867/Tamil Nadu Gaming Act, 1930 or any other enactment, it would be open to them, after recording reasons in the General Diary maintained in the Police Station, to proceed to enter the Club premises, conduct investigation, interrogate those who involve themselves in such activities and take appropriate action on merits and as per law;
g)While exercising the powers conferred on the Police authorities, they should follow the mandatory provision as contained in Section 5 of the Tamil Nadu Gaming Act, 1930 / Public Gambling Act, 1867;
h)It is always open to the Club or its members to challenge the action taken by the Police, if it is not in accordance with law;
i)In case the Police authorities are of the opinion that a situation has arisen to suspend the operation of the Club in exercise of the powers conferred, they have to issue an order in writing. When there is no authority to the Police to issue an order of suspension orally, they are not entitled to pass such oral orders; and j)Before passing orders for the purpose of closure of the Club, in exercise of the powers conferred on the authorities, they should follow the principles of natural justice. The Club should be given an opportunity to submit their objections and if so desired, a further opportunity of personal hearing should also be given.
12. In the result, the writ petition is disposed of in the above terms. No cost.'
4.In the light of the above decision and subject to the conditions laid down by this Court in the earlier decisions, the Writ Petition is disposed of on the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar msm To
1. The Superintendent of Police, O/o The Superintendent of Police, Tiruppur District.
2. The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Dharapuram, Tiruppur District.
3. The Inspector of Police, Dharapuram Police Station Tiruppur District.
4. The Public Prosecutor, High Court, Madras. +1cc to Mr.N.Ponraj, Advocate sr.19267 W.P.No.1849 of 2017 ssd(co) nr 22/04/2019