Allowed

S.S.Manamagil Mandram, v. The Superintendent of Police

Madras HC11 May 2017WP/12462/2017

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition filed by a registered society challenging police interference. The court allowed the petition on similar lines to a predecessor decision, permitting the club to operate provided no profit is made from Rummy with stakes and police inspections are not used as harassment.

What did the court decide?

Relief granted on conditions: no profit from Rummy with stakes; police may act on illegal activities but not disturb frequently without reliable info.

S.S.Manamagil Mandram, Vs The Superintendent of Police — Service and Employment | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.05.2017

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CORAM

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THE HONOURABLE Mr. JUSTICE K.KALYANASUNDARAM

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W.P.No.12462 of 2017

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S.S.Manamagil Mandram,

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rep. by its President, Mr.N.Subramanian. .. Petitioner

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-vs1.The Superintendent of Police, Superintendent Office, Namakkal District. 2.The Inspector of Police, Velur Police Station, Namakkal District. .. Respondents

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Petition filed under Article 226 of the Constitution of India, praying for issue of Writ of Mandamus to forbear the respondents herein and their subordinates officials from in any manner interfering with the day to day activities of the members of the petitioner's S.S.Manamagil Mandram (Recreation Club) to play Rummy with stakes and other indoor games in the premises S.S.Recreation Club (Reg.No.69/2016) at No.162, Thiruvalluvar Street, Pothanur, Paramathi-Velur, Namakkal District, without following due process of law.

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For Petitioner : Mr.C.Mohan Raj

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For Respondent : Mr.A.N.Thambidurai

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This writ petition is filed for issuance of Writ of Mandamus forbearing the respondents and their subordinates officials from in any manner interfering with the day to day activities of the members of the petitioner's S.S.Manamagil Mandram (Recreation Club) to play Rummy with stakes and other indoor games in the premises S.S.Recreation Club (Reg.No.69/2016) at No.162, Thiruvalluvar Street, Pothanur, Paramathi-Velur, Namakkal

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https://hcservices.ecourts.gov.in/hcservices/

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District, without following due process of law.

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2.Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

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3.The petitioner is a club registered under the Tamilnadu Society Registration Rules, 1978 and the object of the club is to provide recreation to its members. The club provides for various indoor games, apart from maintaining a library with daily newspapers and books. The affairs of the club are being conducted in accordance with the memorandum and byelaws framed and registered with the Registrar of Societies. The grievance of the petitioner is that the second respondent and other subordinate police personnel are frequently visiting the club and threatening the office bearers to close down its business immediately failing which they would be prosecuted. Hence, the petitioner association has come forward with the present writ petition.

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4.Learned counsel for the petitioner, while reiterating the aforesaid averments, brought to the notice of this Court the decision of the Hon'ble Division Bench of this Court in The Director General of Police and 3 others vs. Mahalakshmi Cultural Association, (2012 (2) CTC 484), allowing the petitioner-association therein to continue the activities with certain conditions and following the said decision, several orders have been passed in similar matters.

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5.Learned Special Government Pleader also fortifies the aforesaid statement and submits that this petition can be allowed on similar conditions.

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6.Accordingly, the writ petition is disposed of on similar lines with the following conditions:

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i. The petitioner association shall not indulge in any activity by allowing its members or the guests to play Rummy (13 cards) with stakes and make profit or gain;

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ii.The Police are entitled to take action in the event of any illegal activity being carried on in the premises of the petitioner association; and

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iii.The police shall not disturb the petitioner association frequently under the guise of inspection without there being any reliable information as to the illegal activities of the petitioner association or its members or the guests.

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https://hcservices.ecourts.gov.in/hcservices/

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There shall be no order as to costs.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
sra
To
1.The Superintendent of Police,
Superintendent Office,
Namakkal District.
2.The Inspector of Police,
Velur Police Station,
Namakkal District.
+1cc to Mr.C.Mohan Raj, Advocate, S.R.No.37245
+1cc to the Government Pleader, S.R.No.37338
W.P.No.12462 of 2017
SJ(CO)
RS(15/05/2017)

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https://hcservices.ecourts.gov.in/hcservices/

S.S.Manamagil Mandram, v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

S.S.Manamagil Mandram, v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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