M/S.Rolex Mens Recreation Club v. The Superintendent of Police,

ORDER This Writ Petition has been filed for direction forbearing the second respondent herein from in any manner interfering nor disturbing with the affairs of the petitioner club Viz., Rolex Mens Recreation Club, situated at No.61, Denadayalan Complex, Arni Road, Virupacthipuram, Vellore Taluk to its members rights to avail the facilities with the lawful activity of playing rummy (13 cards) without stakes by the members of the petitioner club.

¶2According to the petitioner, it is a registered club and is functioning at No.61, Denadayalan Complex, Arni Road, Virupacthipuram, Vellore Taluk . Its members are jointly involved in various social activities and they play indoor games including rummy for recreational purpose, without any stakes. However, the second 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.

¶3The learned counsel appearing for the petitioner submitted that Section 3 of the City Police Act, 1888 defines the 'Common Gaming House' and Section Page3 of 6 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 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. Page4 of 6

(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.

¶4On the other hand, the learned Counsel for Government of Tamil Nadu (Criminal Side) 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.

¶5Considering 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. Page5 of 6

(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.

¶6Accordingly, this Writ Petition (Criminal) stands disposed of. No costs. 21-07-2026 Index: Yes/No Speaking/Non-speaking order LPP To

1.The Superintendent of Police, Vellore District.

2.The Inspector of Police Bagayam Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras. Page6 of 6 G.K.ILANTHIRAIYAN J. LPP 21-07-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN M/s.Rolex Mens Recreation Club Rep by its President, S.Karthik, M, 42, S/o. Sundaram, No.61, Denadayalan Complex, Arni Road, Virupacthipuram, Vellore Taluk-632 002. Vellore District. ..Petitioner Vs 1. The Superintendent of Police, Vellore District. 2. The Inspector of Police Bagayam Police Station, Vellore District. ..Respondents Prayer : Writ Petition (Criminal) filed under Article 226 of the Constitution of India, praying to issue a Writ, order or direction, Specifically writ in the nature of Writ of Mandamus forbearing the 2nd respondent herein from in any manner interfering nor disturbing with the affairs of the petitioner's Club i.e.Rolex Mens Recreation Club, functioning at No.61, Denadayalan Complex, Arni Road,Virupacthipuram, Vellore Taluk-632 002 or its members right to avail the facilities with the lawful activity of playing Rummy (13 Cards) without stakes by the members of the petitioners club. Page2 of 6 For Petitioner: Mr.C.Harish For Respondents: Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side)