Kathiravan Recreation Club v. The Superintendent Of Police
W.P(MD)No.2148 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2021
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P(MD)No.2148 of 2019 Kathiravan Recreation Club, Rep. by its Secretary, No.2389, Kumuli Main Road, Lower Camp, Koodalur Post, Uthamapalayam Taluk, Theni District.
... Petitioner Vs.
1.The Superintendent of Police, Theni District, Theni.
2.The Inspector of Police, Koodalur Police Station, Koodalur, Theni District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the 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.
For Petitioner : Mr.S.Prasanth For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
One Mr.Kathiravan, claiming himself as a Secretary of the Recreation Club registered under the Tamil Nadu Societies Registration Rules, 1978, is before this Court seeking mandamus to forbear the respondents from interfering into the lawful activities of playing "Rummy" (13 cards) by its members.
2. The first respondent has filed a detailed counter, wherein, he has stated that on receipt of secret information, the police team raided the premises of the petitioner's association on 25.03.2018 at 18.00 hours and found 14 persons all from Kerala playing "Ulle Veliye" a gambling game. Therefore, they all were arrested and Rs.1,46,325/- was seized from them. The case in https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.2148 of 2019 Cr.No.39 of 2018 under Sections 8 & 9 of Tamil Nadu Gambling Act has been registered against them. On enquiry, it also found that all those arrested persons are not members of the petitioner's association and they have gathered at the Club premises to play "Ulle Veliye" an act of Gambling.
3. This Court finds that the petitioner to get a legal cover for the illegal activity has approached this Court by making innocuous prayer as if the Recreation Club in which he is Secretary carrying on lawful activity. While the fact discloses that the petitioner's association permitting the non-members to play gambling.
4. In view of the above, this writ petition is dismissed with a cost of Rs.5,000/- to the petitioner payable to the Legal Services Authority within a period of four weeks from today. No costs.
Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) am To 1.The Superintendent of Police, Theni District, Theni.
2.The Inspector of Police, Koodalur Police Station, Koodalur, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Officer Incharge, High Court Legal Service Committee, Madurai Bench of Madras High Court, Madurai.
W.P(MD)No.2148 of 2019 15.12.2021 SR(CO)/SB(28.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2