S. SINGARAM Vs. THE GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed by the Writ Petitioner praying to issue a Writ Mandamus directing the respondents 1 and 2 to take action against the respondents 3 to 6, who are conducting prize schemes in the media.

(2.) THE third respondent filed a counter affidavit stating that the writ petition is not maintainable. It is stated that in the programme "Koteeswaran" being conducted by the third respondent, no question of gambling is involved. No element of wagering or betting is also involved. Out of the candidates who applied, for the purpose of selection to the chair only the person who is able to answer the question using his/her skill is taken to the chair, and he has to answer the questions put to him out of the options given. It is stated that the said person need not pay or put any stake in the hope of any prize or reward, and that it is only the skill of the person which is put to test, and if he is successful in answering the question, payment is incidental to that and if the answer is wrong, the person is ousted out from the competition with whatever money the person has earned by answering correct questions. It is categorically denied in the counter affidavit that "Koteeswaran" programme is concerned with any money circulation. It is further stated that the programme is a game of skill and during the programme, many of the advertisements are being shown in short breaks, which commercially promote the goods advertised for. It is further stated that the decision in Voice's case (cited supra) is not applicable to this case. It is further stated that such programmes are being telecast in other television channels in Bombay, Delhi and Calcutta and when they were put under challenge, High Courts of those States had held that the programme only involves skill. With these, the third respondent prays for me dismissal of the writ petition.

(3.) THE sixth respondent has filed a counter affidavit stating that the competition conducted, involves only the skill. It is stated that answers should be written in the coupon, and which are in order will be sent to a panel of persons for selection and, therefore, the competition cannot be considered to be a gambling. It is also stated that the provisions of the 1978 Act will not be attracted. It is further stated that the programme does not involve any game of chance and that it involves only skill.