Petitioner sought Mandamus to stop police interference with members playing rummy. The Court dismissed the petition, noting a criminal case was already pending against the club, thereby precluding judicial intervention. Petition disposed of without costs.
The order for issue of Mandamus was refused and the writ petition was disposed of.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2019
CORAM
THE HON'BLE Mr. JUSTICE K.RAVICHANDRABAABU
W.P.No.1536 of 2019
“Friends Academy” Madras-2 Reg No.359 of 1998 Rep by its President, Hemanthkumar, 96, Old No.104, Iyah Mudali street, Chintadripet, Chennai – 2. .. Petitioner Vs. 1.The Commissioner of Police, Chennai City, No.132, EVK Sampath Road, Vepery, Chennai – 7. 2.The Assistant Commissioner of Police, Chintadripet, Arunachala Road, Chintadripet, Chennai – 2. 3.The Inspector of Police, F-1, Chintadripet Police Station, Arunachala Road, Chintadripet, Chennai – 2.
.. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus for bearing the 3rd respondent and his subordinates from in any manner interfering with the rights of the Members to play rummy (13 cards) and other indoor games, other games in the premises of the petitioner's association situated at 96, Old No.104, Iyah Mudali Street, Chintadripet, Chennai – 2 and consequently direct them not to harass the petitioner's association and its members.
For Petitioner .. Mr.A.Gokulakrishnan For Respondents .. Mr.V.Shanmugasundar (Special Government Pleader)
ORDER
1.The petitioner seeks for a Mandamus for bearing the 3rd respondent and his subordinates from in any manner interfering with the rights of the Members to play rummy (13 cards) and
other indoor games, other games in the premises of the petitioner's association situated at 96, Old No.104, Iyah Mudali Street, Chintadripet, Chennai – 2 and consequently direct them not to harass the petitioner's association and its members.
2.The learned Special Government Pleader for the respondents stated that a Criminal case is filed against the petitioner Club on the charge that the petitioner's club members engaged in playing Rummy with stake. He further stated that the Criminal Case is pending before the XIVth Metropolitan Magistrate, Chennai. Under such circumstances, I do not find any reason to issue Mandamus, as sought for in this Writ Petition. Since the Police has already filed a case against the petitioner club and the same is pending it is for the petitioner to face the Criminal Case.
3.With the above observation, the Writ Petition is disposed of accordingly. No costs.
Sd/Assistant Registrar (J) //True Copy// Sub Assistant Registrar smv TO 1.The Commissioner of Police, Chennai City, No.132, EVK Sampath Road, Vepery, Chennai – 7. 2.The Assistant Commissioner of Police, Chintadripet, Arunachala Road, Chintadripet, Chennai – 2. 3.The Inspector of Police, F-1, Chintadripet Police Station, Arunachala Road, Chintadripet, Chennai – 2. +1cc to Mr. A.Gokulakrishnan, Advocate, S.R.No.20651 +1cc to the Government Pleader, S.R.No. 21495 W.P.No.1536 of 2019
GN(27/03/2019)
1 issue framed by the court
Whether a Writ of Mandamus should be issued to restrain police interference with members playing rummy in the petitioner's premises.
1 provisions across 1 enactments
Friends Academy Rep by its President
Commissioner of Police, Chennai City
Assistant Commissioner of Police, Chintadripet
Inspector of Police, F-1, Chintadripet Police Station
K.Ravichandrabaabu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
