Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY, THE22D DAY OF OCTOBER201330TH ASWINA, 1935 WP(C).No. 22880 of 2013 (H) ---------------------------- PETITIONERS: ------------------- SUSEELAN, S/O.GANGADHARAN, THE SECRETARY, NAVA BHARAT SPORTS AND ARTS CLUB, REGISTER NO.T1509OF2010 MENAMKULAM , KAZHAKKOOTTAM P.O., THIRUVANANTHAPURAM, RESIDING AT KUNJAYANVILAKOM VEEDU, VAIKKALATHU MURIYIL, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.P.ANOOP (MULAVANA). RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM-695 001.
2. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL SUB DIVISION, ATTINGAL, THIRUVANANTHAPURAM-695 003.
3. CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM POLICE STATION, KAZHAKKOOTTAM, THIRUVANANTHAPURAM-695 010.
4. SUB INSPECTOR OF POLICE, KAZHAKKOOTTAM POLICE STATION, KAZHAKKOOTTAM, THIRUVANANTHAPURAM-695 010. BY GOVT. PLEADER MR.P. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2210-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 22880 of 2013 (H) APPENDIX PETITIONER'S EXHIBITS:- P1:- TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE1T PETITIONER'S CLUB. P2:- TRUE COPY OF THE INTERIM ORDER
DATED0209/2013 IN CRL.M.C. NO.1012/2013. P3:- TRUE COPY OF THE JUDGMENT
IN CRL.MC. NO. 2254 & 2867 OF2005 P4:- TRUE COPY OF THE JUDGMENT
DATED0107/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs. S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.
----------------------------------------------------------------- W.P.(C). No.22880 of 2013 ------------------------------------------------------------------ Dated this the 22nd day of October, 2013
JUDGMENT
S. Siri Jagan, J The petitioner claims to be a registered club. The activities of the club are to indulge in sports like shuttle badminton, plying cards, carroms etc., Crimes have been registered against the petitioner under Section 7 and 8 of the Kerala Gaming Act, 1960. The petitioner has filed Criminal M.C. No.1012/2013, in which this court has granted a stay of further proceedings in Crime No.1148/2012 of the Judicial First Class Magistrate Court, Attingal, Thiruvnanthapuram. The petitioner now submits that, in the name of proceedings under the Kerala Gaming Act, the respondents are harassing the petitioner by repeatedly summoning the petitioner to the police station. The petitioner therefore seeks the following reliefs: W.P.(C). No.22880 of 2013 2 a) Issue a writ of mandamus or any appropriate writ order or direction commanding the 3rd respondent not to harass the petitioner and further direct the 4th respondent not to summon the petitioner to the police station unnecessarily. b) Declare that the 4th respondent has no jurisdiction scuttle the smooth running of the business in the petitioner club by coercive measures that too in the police station. c) Grant such other relief deemed fit to this Hon'ble court.
2. A statement has been filed by the 4th respondent, wherein it is stated that several times criminal cases have been registered against the petitioner under the Kerala Gaming Act and in three cases, the petitioner has pleaded guilty and was fined. It is only to ensure that the petitioner does not indulge in repetition of such crimes, the police has taken action is the contention.
3. The petitioner does not dispute the fact that thrice the petitioner had been imposed with the punishment of fine for similar offences. In view of the same, we are not inclined to pass any orders in this writ petition in favour of the petitioner. Accordingly, the writ W.P.(C). No.22880 of 2013 3 petition is dismissed. However, this will not stand in the way of the petitioner, seeking appropriate reliefs from the criminal court. Sd/- S. Siri Jagan, Judge Sd/- K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss