Dolphin Recreation Club v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.07.2018 CORAM :
THE HONOURABLE MR.JUSTICE C.T.SELVAM And THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.A(MD)No.1017 of 2018 and C.M.P.(MD)No.7139 of 2018 Dolphin Recreation Club, Rep. by its Secretary Baskaran ... Appellant/Petitioner vs.
1. The Commissioner of Police, Madurai City, Madurai.
2. The Assistant Commissioner of Police, Thirupparankundram, Madurai District.
3. The Inspector of Police, V2, Avaniyapuram Police Station, Avaniyapuram, Madurai District.
4. The Commissioner, Madurai Corporation, Madurai.
... Respondents/Respondents Prayer: Appeal filed under Clause 15 of Letters Patent, against the order, dated 13.07.2018 made in W.P.(MD)No.8719 of 2018 on the file of this Court.
Prayer in WP(MD). 8719/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus forbearing the respondents from interfering with the lawful activity of playing Rummy (13 cards) by the members of the petitioner association.
For Appellant : Mr.K.Gokul For Respondents : Mr.R.Sethuraman Special Government Pleader
JUDGMENT
(Order of the Court was made by C.T.SELVAM, J.) The appellant has moved W.P.(MD)No.8719 of 2018 seeking for issuance of writ of Mandamus forbearing the respondents from interfering with the lawful activity of playing Rummy (13 cards) by the members of the petitioner association. While disposing of such writ petition, as also similar matters, the learned single Judge, under orders in W.P.(MD)No.5560 of 2018 etc. batch, dated 13.07.2018, taking note of the submission made on behalf of the Commissioner, Madurai Corporation, that neither Rummy, a permissible card game nor other recreation activities could be entered upon in any Club premises without obtaining requisite permission in keeping with the Tamil Nadu Places of Public Resort Act, 1888, has thought it fit in circumstances, where the appellant admittedly had not obtained permission, dismissed the writ petition. Aggrieved, the appellant has filed the present appeal.
2.Heard both sides.
3.We have recorded the reason for dismissal of the writ petition. We find absolutely no reason to differ. Informing that appellant has to obtain necessary permission under Tamil Nadu Places of Public Resort Act, 1888 and on doing so, it would be open for the appellant Club to indulge in Rummy Card games and other recreation activities, other than those that what offend the Tamil Nadu Gambling Act, this writ appeal shall stand dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed.
Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar(CS-II) To
1. The Commissioner of Police, Madurai City, Madurai.
2. The Assistant Commissioner of Police, Thirupparankundram, Madurai District.
3. The Inspector of Police, V2, Avaniyapuram Police Station, Avaniyapuram, Madurai District.
4. The Commissioner, Madurai Corporation, Madurai.
+1cc to Mr.K.Gokul, Advocate SR.No.75854 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.76193 Rj2 MK/RP/SAR 2/23.08.2018/3P/7C Order made in W.A(MD)No.1017 of 2018 31.07.2018