P A ROY Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge posed by the appellants who were the petitioners in the original lis to notification issued by the Government of Kerala dated 13.1.2005 and 22.4.2005 issued in exercise of the power under Section 5 of the Lotteries (Regulation) Act, 1998 (hereinafter referred to as "the Act 17 of 1998") failed. Three Writ Petitions filed for the said purpose bearing Nos.Nos. 14495, 16063 and 19582 of 2005 were dismissed by the learned Single Judge of this Court by order dated 27th July, 2005. The appellants in reiterating the challenge to the impugned notifications have thus called in question the impugned judgment recorded by the learned Single Judge in the present appeals which need to be disposed of by a common order.

(2.) By notification dated 13.01.2005 the Government of Kerala in exercise of the powers conferred by Section 5 of the Act 17 of 1998 prohibited the sale of all Computerized and Online lottery tickets marketed and operated through vending machines, terminals, electronic machines and tickets sold through Internet in Kerala with immediate effect and declared that Kerala shall be a free zone from Online and Internet lotteries. The notification dated 13th January, 2005, the subject matter of challenge reads as follows:

(3.) Writ Petition (C) No. 14495 of 2005 has been filed by State of Sikkim as also a company registered under the Companies Act, stated to be the marketing agent of the state of Sikkim and a registered partnership firm cum distributor of the company. W.P.(C) No. 19582 of 2005 has been filed by the Association of Retailers which is stated to have several in their as its members. They too have been adversely affected in their business, trade and occupation which it is stated to have come to an abrupt end. W.P.(C).No. 16063 of 2005 has been filed by 20 retail outlet dealers who are said to have lost their livelihood on account o the aforesaid notifications as their trade, business and occupation has come to an abrupt end.