DURAI MANAMAGIL MANDRAM REP. BY ITS SECRETARY T. RAJENDHRAN Vs. SUPERINTENDENT OF POLICE, MADURAI DISTRICT

JUDGEMENT

(1.) IN this writ petition, the petitioner seeks for a direction forbearing the respondents from interfering with the lawful functions of the petitioner's club without any complaint or due process of law.

(2.) THE case of the petitioner is that the petitioner-club viz., Durai Manamagil Mandram is functioning in Karaiyampatti, Usilampatti Taluk, Madurai District, from December 2011 and registered under the Tamil Nadu Societies Registration Act. The club was formed for serving the village people. It is conducting sports activities and functioning without any complaint. But, however, the Police are interfering with the day-to-day activities of the club. On 25.07.2012 a representation was sent by the petitioner to the respondent. A reference was made to the judgment of this Court reported 2009(4) CTC 26 (Anandham Manamagil Mandran Vs. The Superintendent of Police).

(3.) THE law relating to the issue is covered by a division bench judgment of this court in The Director General of Police, State of Tamil Nadu, Chennai and others Vs. Mahalakshmi Cultural Association reported in 2012 (2) LW 371. The division bench while holding that 13 cards rummy game is a game of skill and if it is played without stakes, the Chennai City Police Act will not apply to them and in case, if it is played with stakes, certainly, the provisions of the Act are applicable. If it is found that the game is played with stake or with any profit or any gain is made out, the police authority can invoke the provisions of the Act. In fact, in that judgment, the division bench even allowed the criminal cases to be proceeded with in accordance with law. Subsequent to the division bench judgment, it was widely reported in the press. It was also noted by this court in the earlier cases that instead of playing the game with cash or coins, similar clubs have started playing the rummy game with colour token which can be subsequently encashed at the behest of the club.