IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 6391 of 2011(Y) ------------------------- PETITIONER(S): --------------- KERALA LOTTERY AGENTS ASSOCIATION REG. NO.554/85, REPRESENTED BY THE PRESIDENT, DR.PURUSHOTHAMA BHARATHI, STATE COMMITTEE OFFICE, NANTHANCODE, THIRUVANANTHAPURAM-695003. BY ADV. SRI.S.PRASANTH SRI.JAGADEESH LAKSHMAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. THE DIRECTOR OF STATE LOTTERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM-679 501. 4. SRI.V.S.ACHUTHANANDAN, CHIEF MINISTER OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 5. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110 001. ADV. SRI.C.S.AJITH PRAKASH, CGC FOR R5 SPL.GOVT.PLEADER SRI.VINOD CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- WP(C).No. 6391 of 2011 ---------------------------------------------- Dated this the 7th day of April, 2011 JUDGMENT J.Chelameswar, CJ. This Writ Petition is placed before this Court pursuant to an order dated 17th March, 2011 of the learned Judge. The relevant portion of the order reads as follows: “It is brought to the notice of this Court that an M.L.A of the state, who belongs to the opposition, has filed a Writ Petition as a Public Interest Litigation (W.P.(C). 30069/2010), seeking for C.B.I investigation and that, the said matter is pending consideration before the Division Bench. Yet another Writ Petition (W.P.(C). 33409/2010) filed as a Public Interest Litigation seeking for C.B.I inquiry is also pending before the Division Bench. Since both the above matters are admitted and pending consideration before the Division Bench, this Court finds it fit and proper to refer this Writ Petition also to be heard along with the above connected matters.” 2. The petition is filed with the prayers as follows: “i) issue a writ, order or direction to the respondents to order Judicial Enquiry into the unlawful activities of Lottery racket dealing with inter state lotteries within the state involving Rs.80,000 Crores as stated in Exhibits P6 and P7 and irregularities and malfunctioning in the Lottery Industry within the State. ii) issue a writ of certiorari or any other writ, order or WP(C).No.6391/11 2 direction calling for records leading to Exhibit P5 order and quash the same. iii) direct the first respondent to restore/reintroduce the 7 draws of Kerala State Lotteries in a week. iv) issue such other further reliefs as this honourable Court 00deem fit and proper to grant in the circumstances of the case.” On one hand the petitioner seeks a judicial enquiry into the “unlawful activities of Lottery racket dealing with interstate lotteries”. On the other hand, the petitioner finds fault with the decision of the State contained in Exhibit P5 order dated 23.11.2010, by which the State decided to cancel an earlier decision dated 20.11.2010. The decision dated 20.11.2010 was to restart the weekly lottery conducted by the State of Kerala. 3. Apart from that, the Writ Petitions referred to in the above extracted portion of the order of the learned Judge have already been heard and reserved for judgment. The petitioner approached this Court some five months after Exhibit P5 order. We do not see any bonafides on the part of the petitioner. The Writ Petition is, therefore, dismissed at the admission stage itself. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs