MANORANJITHAM MANAMYIL MANDRAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD both sides. The appellant is the petitioner in W.P. No.3466 of 2004 preferred for issue of a writ of Mandamus to forbear the respondents from preventing the functioning of the society in the premises at No.5, Dindigul Road, Near St. John Church Junction, Trichy and also from preventing the members of the petitioner society from playing games of Rummy, Table Tennis, Chess, Carrom Board. (2) The grievance of the petitioner/appellant is that the respondents are arbitrarily interfering with the affairs of their club, infringing their rights conferred under Article 19(1) (b) (c) (g) of the Constitution of India and the appearance of the respondents to the petitioner /appellant's club would tarnish the image of the club. (3) The learned single Judge, by order dated 16-11-2004, holding that the apprehension of the petitioner/appellant is uncalled for and unwarranted, held that the respondents are only discharging their statutory function and that has to be taken in its own spirit and not otherwise. Aggrieved by the order of the learned single Judge dated 16-11-2004, the petitioner has ferred this writ appeal. (4) In this regard, we are obliged to refer the decision of P. Shanmugam, J., dated 8-8-2001 in W.P.No.3724 of 2001, wherein the object of the Tamil Nadu Gaming Act and the power of the authorities under the Act have been dealt with. In the said decision, it is held as follows : ".

(2.) THE Tamil Nadu Gaming Act, 1930 provides for punishment for gaming and keeping of common gaming houses. 'Common Gaming House' has been defined under the Act as an enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or sued for profit or gain to the person owning, occupying or using etc. or otherwise the premises howsoever. 'Gaming' has been defined as wagering or betting. Section 5 of the Act gives power to issue warrant to enter a common gaming house." ".