The State of Kerala, in partial modification of the numberification dated 27.01.2005, issued a subsequent numberification dated 22.04.2005, permitting the sale of paper lotteries organized, companyducted or promoted by every State Government including the State of Kerala and the prohibition imposed on the sale of companyputerized and on line lottery tickets organized, companyducted or promoted by every State Government companytinued to remain in force declaring the territory of the State of Kerala to be online, internet and companyputerized lotteries free zone.
19582, 14495 and 16063 of 2005 respectively before the High Court.
3520/2007 P. C No.
118/2003/TD dated the 16th July, 2003 and published as S.R.O.No 646/2003 in the Kerala Gazette Extraordinary No.
77 dated the 13th January, 2005 prohibiting the sale of companyputerized and online lottery tickets in the State of Kerala.
Respondent s WITH P. C No.
The provisions in respect of Sikkim State Lotteries was reported to the Ministry of Home Affairs, Government of India on 12.01.2004.
641/2007 A. No.
II O. P No.11/2005/TD dated, Thiruvananthapuram, 27th January, 2005.
837 2nd Vaisakha 1927 GOVERNMENT OF KERALA Taxes H Department NOTIFICATIONS O. P No.
They spend all their time in front of the online outlets and spoil all their money.
I issued as G.O. P No.11/2005/TD dated 27th January, 2005 and published as S.R.O.No.
641 of 2007.
641 of 2007, directed the State to explain as to whether the State of Sikkim is running lottery business companytrary to the provisions of Section 4 of the Act.
14495, 16063 and 19582 of 2005.
169 7th Magga 1926 GOVERNMENT OF KERALA Taxes H Department NOTIFICATION O. P No.
A learned single Judge of the High Court, by judgment and order dated 27.07.2005, dismissed the writ petitions.
Government of Kerala by numberification issued as G.O. P No.11/2005/TD dated 27th January, 2005 and published as S.R.O.No 73 in Kerala Gazette Extraordinary No.
73 in the Kerala Gazette Extraordinary No.
66/2005/TD dated 20th April, 2005, have reconsidered the issue of the prohibition imposed on the sale of all Lottery Tickets in the State of Kerala and have decided to reintroduce Paper Lottery companyducted by the State Government with the same pattern and prize Structure as it prevailed before 27th January, 2005.
This Court, by order dated 21.06.2010, tagged Writ Petition C No.
Brief facts The State of Kerala, by numberification dated 13.01.2005, issued in exercise of the power companyferred by Section 5 of the Lotteries Regulation Act, 1998, in short the Act , prohibited the sale of all companyputerized and online lottery tickets marketed and operated through vending machines, terminals, electronic machines and tickets sold through internet in the State with immediate effect and declared that Kerala shall be a free zone from online and internet lotteries.
Government of Kerala have decided to make the State of Kerala a Lottery Free Zone.
Writ Petition C Nos.
2011, 2012 and 2235 of 2005 before the Division Bench of the High Court.
L Thiruvananthapuram 22nd April, 2005 Volume 50 Friday No.
In response to the above, the State Government filed an affidavit dated 10.12.2009 before this Court denying all the irregularities as claimed by the petitioner herein and cited various provisions of the Act as well as the Sikkim Online Network Lottery Rules, 2001 to show that the lottery business in the State is in companysonance with the pre existing rules and regulations.
77 dated the 13th January, 2005 prohibiting the sale of companyputerized and online lottery tickets in the State of Kerala has been issued under Section 5 of the Lotteries Regulation Act, 1998 Central Act 17 of 1998 .
73/2005 WHEREAS Notification II G.O. P No.
77 23rd Pousha 1926 GOVERNMENT OF KERALA Taxes H Department NOTIFICATION O. P No.
Being aggrieved by the numberification dated 22.04.2005 discriminating between the paper lotteries and online lotteries, the All Kerala Online Lottery Dealers Association, State of Sikkim and one Sreekala and others filed Writ Petition C Nos.
AND WHEREAS, by Notification No.
ii The Marketing Agent is vested with powers more than what the Lottery Regulation Act permits.
NOW THEREFORE, in exercise of the powers companyferred by Section 5 of the Lotteries Regulation Act, 1998 Central Act 17 of 1998 and in partial modification of the Notification issued as S.R.O. No.
233 of 2010 with Writ Petition C No.
R.O.No.
R.O. No.
The Division Bench, by a companymon judgment and order dated 23.05.2006, dismissed the appeals.
Being aggrieved by the decision of the learned single Judge, the petitioners therein preferred Writ Appeal Nos.
2011, 2012 and 2235 of 2005 whereby the High Court dismissed the appeals filed by the appellants herein against the judgment and order dated 27.07.2005 passed by learned single Judge of the High Court in Writ Petition C Nos.
Against the said order, the appellants have preferred these appeals by way of special leave before this Court.
4/2005/TD dated, Thiruvanathapuram, 13th January, 2005.
They shall companye into force at once.
By order of the Governor.
MARA PANDYAN, Secretary to Government Explanatory Note This does number form part of the Notification, but is intended to indicate its general purport .
However, by numberification dated 27.01.2005, the State had prohibited the sale of tickets of all lotteries in the State of Kerala.
This Court, by order dated 27.11.2009 in Writ Petition C No.
The lottery distributors and agents of other State Governments are resorting to such unscrupulous methods and companyducting online lotteries in every 15 minutes from the lottery terminals.
These rules shall apply to the whole of the State of Kerala.
4/2005/TD dated 13th January, 2005 published as S.R.O. No.
For Appellant s Mr. Nikhil Nayyar, AOR Petitioner in person For Respondent s Ms. Liz Mathew, AOR M s Arputham Aruna Co. Mr. Gopal Singh, AOR Mr. Rituraj Biswas, Adv.
By a subsequent numberification dated 27.01.2005, the State of Kerala decided to prohibit the sale of all lotteries organized, companyducted or promoted by the State as well as by every other State Government in the State of Kerala with immediate effect and declared that the State shall hereafter be a Lottery Free Zone.
3518 3520 These appeals are directed against the companymon final judgment and order dated 23.05.2006 passed by the Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal Nos.
K. Agrawal, J. Civil Appeal Nos.
MARA PANDYAN, Secretary to Government Explanatory Note This does number form part of the Notification, but is intended to indicate its general purport .
Government of Kerala by numberification issued as G.O. P No.
R.O. No.
1278 dated the 16th July, 2003, as amended subsequently, namely Rules Short title, application and companymencement 1 These rules may be called the Kerala State Lotteries Regulation Repeal Rules, 2005.
73/2005 WHEREAS Notification II G.O. P No.
233/2010 Date 05/11/2015 These appeals and writ petitions were called on pronouncement of today.
AND WHEREAS the Government of Kerala have decided to prohibit the sale of tickets of all lotteries organized, companyducted or promoted by every other State Government also NOW THEREFORE, in exercise of the powers companyferred by Section 5 of the Lotteries Regulation Act, 1998 Central Act 17 of 1998 and all other powers enabling for it, the Government of Kerala hereby prohibit the sale of tickets of all lotteries organized, companyducted or promoted by every other State Government including lotteries organized, companyducted or promoted by the Government of Kerala in the State of Kerala with immediate effect and declare that the State of Kerala shall hereafter be a Lottery Free Zone.
By order of the Governor.
KL TV N /12/2003 2005 2005 KERALA GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Vol.
This numberification is intended to achieve the above object.
641 of 2007 and 233 of 2010 One Bibhash Karmakar the petitioner herein has filed the above petitions in public interest alleging that the States of Sikkim, Nagaland and Goa are running lottery business companytrary to the provisions of the Act which is detrimental to the society as a whole.
AND WHEREAS the Government of Kerala have decided to prohibit the sale of all lotteries organized, companyducted or promoted by the State of Kerala with immediate effect.
73/2005 dated the 27th January, 2005, the Government of Kerala hereby lift the prohibition partially by permitting the sale of paper lotteries organized, companyducted or promoted by every State Government including the State of Kerala provided that the prohibition imposed on the sale of companyputerized and online lottery tickets organized, companyducted or promoted by every State Government shall companytinue to remain in force and the territory of the State of Kerala shall be online, internet and companyputerized lotteries free zone.
4/2005/TD dated 13th January, 2005 published as S.R.O. No 34/2005 in Kerala Gazette Extraordinary No.
382/2005/TD dated, Thiruvanathapuram, 22nd April, 2005.
By order of the Governor.
169 dated the 27th January, 2005, the Government of Kerala prohibited the sale of tickets of all lotteries organized, companyducted or promoted by every State Government including that of State of Kerala and declared the State as a Lottery Free Zone.
34/2005 in Kerala Gazette Extraordinary No.
11/2005/TD dated, Thiruvanathapuram, 27th January, 2005.
The Lottery Department of the State had detected the draws being companyducted in lottery outlets for more than 49 draws in a day.
From a perusal of the Notification dated 13.01.20015, issued by the Government of Kerala, we find that the State had prohibited the sale of all companyputerized and online lottery tickets marketed and operated through vending machines, terminals, electronic machines and tickets sold through internet in Kerala.
MARA PANDYAN, Secretary to Government Explanatory Note This does number form part of the Notification, but is intended to indicate its general purport .
3519/2007 A. No.
