W.P.No.8991 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.8991 of 2025 C.Vijaya Kumar ... Petitioner Vs 1. The Superintendent of Police, Office of The Superintendent of Police, Tiruppur District. 2. The Deputy Superintendent of Police, Office of The Deputy Superintendent of Police, Kangeyam Taluk, Tiruppur District. 3. The Inspector of Police, Uthiyur Police Station, Kangeyam Taluk, Tiruppur District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, forbearing the third respondent herein and their subordinates officials from in any manner interfering with the rights of the petitioner club Viz., The Vijay Recreation and Sports Club Tirupur to play the game of playing cards and other indoor games in the premises of the petitioner club Viz ., the Vijay Recreation and Sports Club Tirupur Situated at No.9/127, S.F.No. 44/1, Maruthuraiyan valasu (post) Kangeyam Taluk, Tiruppur District - 641 604. https://www.mhc.tn.gov.in/judis W.P.No.8991 of 2025 For Petitioner : Mr.S.Vinoth Kumar For Respondents : Mr.A.Gopinath Government Advocate (Crl.side) ORDER This Writ Petition has been filed for direction forbearing the third respondent herein and their subordinates officials from in any manner interfering with the rights of the petitioner club Viz., The Vijay Recreation and Sports Club Tirupur to play the game of playing cards and other indoor games in the premises of the petitioner club Viz ., the Vijay Recreation and Sports Club Tirupur Situated at No.9/127, S.F.No. 44/1, Maruthuraiyan valasu (post) Kangeyam Taluk, Tiruppur District - 641 604. 2. According to the petitioner, it is a registered club and is functioning situated at No.9/127, S.F.No. 44/1, Maruthuraiyan valasu (post) Kangeyam Taluk, Tiruppur District - 641 604. Its members are jointly involved in various social activities and they play indoor games including rummy for recreational purpose, without any stakes. However, the third respondent and their officials are frequently visiting the club under the guise of enquiry and preventing the members from playing any indoor games, such as, playing cards, etc. Hence, the petitioner has preferred this writ petition for the aforesaid relief. Page 2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.8991 of 2025 3. The learned counsel appearing for the petitioner submitted that Section 3 of the City Police Act, 1888 defines the 'Common Gaming House' and Section 45 of City Police Act prescribes the punishment for using a place as a Common Gaming House and a reading of both the provisions would show that in a place where game is played on wager or bet, the police have got right to interfere and prosecute the persons who run the place under Section 45 of the City Police Act. Whereas, in this case, the petitioner Association is running a recreation club for its members, who are playing the game of rummy, among other indoor games, without any stakes. The learned counsel further submitted that a Division Bench of this Court in Director General of Police, State of Tamil Nadu, Mahalakshmi Cultural Association [2012(2) CTC 484] has permitted the recreation club to play rummy without stakes and held as follows: “24.On the basis of the above discussions, we arrive at the following conclusions: (1) The game of rummy (13 card) is only a game of skill even though an element of chance is also involved. (2) In the event rummy is played by the members or the guests without stakes, the provisions of the Chennai City Police At are not attracted. (3) In the event rummy is played by the members or the https://www.mhc.tn.gov.in/judis W.P.No.8991 of 2025 guests with stakes, the provision of the Chennai City Police Act are attracted. (4) In the event the Club/ Association either allows its members or guests to play rummy with stakes or make any profit or gain out of such gambling, the police has the authority to invoke the provisions of the Chennai City Police Act. (5) In order to ascertain as to whether the premises is used as a gaming house for gambling, the Police is entitled to invoke Section 23 of the Act.” It is also submitted that in the light of the aforesaid Division Bench judgment, several writ petitions were disposed of, granting permission to similarly placed recreation clubs to play rummy without stakes and one such writ petition is WP.No.26140 of 2017. Hence, the learned counsel prayed for similar order in this writ petition as well. 4. On the other hand, the learned Government Advocate appearing for the respondents, on instructions, submitted that the police are not causing any disturbance to the activities of the petitioner. However, he has no objection for granting such relief to the petitioner. Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.8991 of 2025 5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side and also following the earlier orders of this Court as referred to above, this Court is inclined to permit the petitioner Club to play rummy, (13 cards) without any stakes, subject to the following conditions: (i) The petitioner association shall not indulge in any activity by allowing its members or the guests to play rummy (13 cards) with stakes and make profit or gain. (ii) The police are entitled to take action in the event of any illegal activity is carried on in the Association premises. (iii) The Police shall not disturb the petitioner Association frequently under the guise of inspection without there being any reliable information as to the illegal activities of the association or its members or the guests. 6. Accordingly, this Writ Petition stands disposed of. No costs. 19.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order mn https://www.mhc.tn.gov.in/judis W.P.No.8991 of 2025 To 1. The Superintendent of Police, Office of The Superintendent of Police, Tiruppur District. 2. The Deputy Superintendent of Police, Office of The Deputy Superintendent of Police, Kangeyam Taluk, Tiruppur District. 3. The Inspector of Police, Uthiyur Police Station, Kangeyam Taluk, Tiruppur District. 4. The Public Prosecutor, High Court, Madras. Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.8991 of 2025 G.K.ILANTHIRAIYAN. J, mn W.P.No.8991 of 2025 19.03.2025 https://www.mhc.tn.gov.in/judis