Disposed

Jubbili Sports and v. State rep by

Madras HC1 Mar 2019WP/1833/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking protection for a club's right to play rummy without gambling elements. The Court followed a Division Bench order holding that while lawful gaming is permitted, police have the right to inspect and act upon evidence of illegal gambling, provided natural justice is followed for closures.

What did the court decide?

The writ petition is disposed of by issuing directions reiterating the Division Bench order regarding police interference and gambling regulations.

Jubbili Sports and Vs State rep by — Constitutional and Fundamental Rights | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.03.2019

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CORAM THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.1833 of 2019 and WMP No.2043 of 2019

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Jubbili Sports And Recreation Club Tirupur,
Rep. by its Secretary R.Balamurugan,
2/28A, VIP Nagar Extension,
Koothampalayam Pirivu,
Anna Nagar, Pooluvapatti Post,
Tiruppur South Taluk,
Tiruppur District 641 602. ...Petitioner
Vs.
1.State rep. by
Commissioner of Police,
Tirupur,
Tirupur District.
2.State rep. by
The Inspector of Police,
Anupparpalayam Police Station,
Tiruppur.
...Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to forbear the respondents from in any manner interfering with the affairs of the petitioner's "Jubbili Sports and Recretation Club Tirupur" having its Registration No.1/2019 dated 21.11.2018 situated at 2/28, VIP Nagar Extension, Koothampalayam Pirivu, Anna Nagar, Pooluvapatti post, Tiruppur South Taluk, Tiruppur District 641 602 or its members including the facilities provided for playing various games including the game of playing rummy not involving any element of gambling.

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

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For Petitioner : Mr.I.Franklin

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For Respondents: Mr.E.Balamurugan Special Government Pleader

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O R D E R

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The petitioner seeks for a Mandamus forbearing the respondents from in any manner interfering with the affairs of the petitioner's "Jubbili Sports and Recretation Club Tirupur" having its Registration No.1/2019 dated 21.11.2018 situated at 2/28, VIP Nagar Extension, Koothampalayam Pirivu, Anna Nagar, Pooluvapatti post, Tiruppur South Taluk, Tiruppur District 641 602 or its members including the facilities provided for playing various games including the game of playing rummy not involving any element of gambling.

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Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

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The learned Government Advocate, based on instructions, submitted that there is no previous case registered against the petitioner Club.

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It is seen that the issue involved in this case is covered by a recent order passed by the Hon'ble Division Bench of this Court in WA.No.296 of 2013 dated 06.10.2017. The said writ appeal was filed against an order passed in WP.No.2972 of 2012 dated 05.03.2012. The said writ petition was disposed of by the learned Single Judge with the following directions :

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a) The petitioner association shall not indulge in any illegal activity other than playing Rummy (13 cards) with stakes by its members and guests;

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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;

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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.

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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

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

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in violation of the provisions of the Public Gambling Act, 1867/Tamil Nadu Gaming Act, 1930;

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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;

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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;

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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;

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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;

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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

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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.

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Challenging the said order, the above writ appeal was filed by the respondents Police. The Hon'ble Division Bench agreed with the contention of the appellants insofar as the directions issued in Clause (a) & (e) are concerned and found that they are unsustainable. At Paragraph Nos. 8 & 10, the Hon'ble Division Bench has observed as follows:-

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

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"8. We find much force in the contention of the learned Special Government Pleader that the respondentAssociation by virtue of the order of the learned Single Judge cannot prevent the Police Personnel to do their lawful duty. Therefore, the order passed by the learned Single Judge with regard to directions (a) & (e) are unsustainable.

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9.............

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Considering the fact that gambling is an evil and it is rampant, that gaming houses flourish as profitable business and that detection of gambling is extremely difficult. Further, in view of the Judgment of Constitution Bench of the Hon'ble Supreme Court in State of Bomaby vs. R.M.D. Chamarbagwala , (referred supra) and the reasons mentioned above, we are of the considered view that the order passed by the learned Single Judge insofar as the directions (a) & (e), are not sustainable and the same are set-aside and the other directions given by the learned Single Judge remain unaltered. "

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Thus, from the above order of the Hon'ble Division Bench, it is evident that except Clause (a) & (e), the other directions issued by the learned Single Judge remain unaltered and therefore, this Court is of the view that the present writ petition arising out of the same facts and circumstances can also to be disposed of by following the above decision of the Hon'ble Division Bench.

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Considering the above stated facts and circumstances, this writ petition is disposed of by issuing the following directions:

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i) 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 Club, inspect and take further action as per law;

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ii) The respondent police are also advised not to disturb the petitioner club frequently under the guise of inspection as it would disturb the peace harmony of the petitioner club.

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iii) 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;

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

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iv) 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;

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v) 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;

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vi) 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;

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vii) 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

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viii) 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.

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No costs. The connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CS IV) //True Copy//

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Sub Assistant Registrar

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vri

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

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1.Commissioner of Police,

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Tirupur, Tirupur District.

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The Inspector of Police, Anupparpalayam Police Station, Tiruppur.

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+1cc to Mr.I.Franklin, Advocate sr.no.20321 +1cc to Government Pleader sr.no.20034

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W.P.No.1833 of 2019
and
WMP No.2043 of 2019
nr 01/04/2019

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

Jubbili Sports and v. State rep by

Case brief

What is this about?

What did the court decide?

Jubbili Sports and v. State rep by

Case brief

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