IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24/02/2005
CORAM
THE HON'BLE MR.JUSTICE K.P.SIVASUBRAMANIAM
W.P.No.6166 of 2005
Muthamzil Youth Welfare Sangam
Rep. by its Secretary N.K.Anbu
No.24, Natarajapuram, 4th Street
Namakkal District. .. Petitioner
-Vs-
1. The Superintendent of Police
Namakkal District
Namakkal.
2. The Deputy Superintendent of Police
Namakkal District.
3. The Inspector of Police
Namakkal Town Police Station
Namakkal District. .. Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of
India for the issue of a writ of Mandamus forbearing the respondents from
interfering with the day to day affairs of the petitioner's Muthamzil Youth
Welfare Sangam without any reasonable loss including that of the petitioner's
lawful, cultural and recreational activities in its premises at No.24,
Natarajapuram 4th Street, Namakkal.
!For petitioner : Mr.M.V.Muralidaran
For respondents : Mr.S.Venkatesh
Special Govt. Pleader
:ORDER
Heard both sides.
2. Learned Special Government Pleader takes notice for the
respondent.
3. The petitioner prays for the issuance of a writ of Mandamus to
forbear the respondents from interfering with the day-to-day activities of the
petitioner’s Muthamzil Youth Welfare Sangam without any reasonable cause,
including that of the petitioner’s lawful, cultural and recreational
activities in its premises, as mentioned in the writ petition.
4. According to the petitioner, the affairs of the petitioner’s
club/Sangam is being conducted in a lawful manner. They are being
unnecessarily harassed by the police. They do not conduct any activity in
violation of any of the statutory provisions or of the Gaming Act.
5. Learned counsel also referred to the interim orders passed by this
Court in W.P.Nos.5223 and 8121 of 2004 which visualises the appointment of an
Advocate Commissioner to inspect the property as to whether the petitioner’s
club was indulging in any unlawful activity. Learned counsel also relies on
the judgment of the Division Bench of this Court in MANAKADU ELAINGER NALA
SPORTS NARPANI MANDRAM Vs. STATE OF TAMIL NADU & ANOTHER (2005-1-L.W.-82) in
support of his contention that the police have no powers to intrude into the
personal and recreational activities.
6. It is needless to mention that the police, as a law enforcing
authority, are entitled to take appropriate action within the framework of
law, against any individual or association or a club, if they indulge in any
unlawful activity. To fetter the hands of the police officials by issuing a
blanket order not to take any action against the activities of such clubs will
not be desirable. Every day in newspapers, there are reports regarding the
manner in which such clubs and associations have come up in a mushroom like
manner under the guise of recreational activities and how many of them turn
out to be gambling houses and indulging in several other illegal activities.
There have been many complaints to the police from the public or from the
neighbours. Many shops professing to conduct video games were found to be
indulging in betting, resulting in incidents of violence. The recent growth
of another type of video centres are stated to be the centres for the young to
indulge in improper and perverted use of the internet and e-mail facilities,
specialising in obscenity and demoralising the youth. Newspapers are full of
criticism of the police for their alleged inaction and the issue causes grave
concern to the parents. Such demoralising and illegal activities in public
places are certainly actionable and there is no point in blaming the police
for the resulting crimes, frequent law and order situation created by such
clubs and mandrams.
7. As regards the request for appointment of Advocate Commissioner to
accompany the police officers, I am inclined to hold that it will not be a
workable solution. Learned Special Government Pleader rightly expresses the
difficulty that when once the Advocate Commissioner is programmed to visit the
premises, most of the clubs receive information before hand and manage to put
up a show of a lawful functioning. When once the Advocate Commissioner
leaves, they would start their illegal activities again. It is therefore very
difficult to monitor the situation on every occasion the poli ce receives an
information or a complaint and have reason to believe that the club was
indulging in illegal activities.
8. The reference made to the judgment of the Division Bench, as
referred to above, cannot be applied to all cases and result in granting a
blanket order as sought for by the petitioner. In that case, the Division
Bench dealt with a club affiliated to Nehru Yuva Kendra, Ministry of Yourh
Affairs and Sports, Government of India. It was an Institution answerable to
the Government of India. It is also seen that the said club was conducting
games only in Carrom and Chess. After referring to the provisions of the
Public Gaming Act, 1867, the Division Bench held that Carrom and Chess
certainly require skill and hence, in view of Section 12 of the Act, the Act
will have no application. The Division Bench further observed that merely
making general allegations that the activity was illegal without specifying
which law was violated, cannot be permitted. Therefore, the observations came
to be made only in the background of the facts pertaining to that particular
case. The effect of the said judgment cannot mean that every club or
association is entitled to a prohibitory order totally tying the hands of the
police to take appropriate action whenever warranted.
9. At the same time, it requires to be emphasized that as long as
such clubs or institutions conduct themselves in a proper manner without
indulging in any illegality, there will be no justification for the police to
indulge in any harassment. There is nothing wrong in the residents
establishing a recreational centre for themselves. They cannot be subjected
to unnecessary police surveillance except in clubs which indulge in illegal
activities.
10. However, the prayer in the writ petition cannot be granted
without making it clear that the police is certainly entitled to take action
whenever and wherever there is any violation of the statutory provisions
including the Gaming Act.
With the above observation, the writ petition is disposed of.
Connected W.P.M.P.No.6760 of 2005 is closed.
Index: Yes
Internet: Yes
ksv
To:
1. The Superintendent of Police
Namakkal District
Namakkal.
2. The Deputy Superintendent of Police
Namakkal District.
3. The Inspector of Police
Namakkal Town Police Station
Namakkal District.