IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 29163 of 2010(U) -------------------------- PETITIONER(S): --------------- 1. ABRAHAM JOSEPH,S/O.JOSEPH,AGED 54 YEARS, KARUKARAYIL HOUSE,PARAL,VAZHAPPALLY WEST, CHANGANASSERY. 2. SURENDRAN,S/O.NARAYANAN NAIR, AGED 48 YEARS,SABARIGIRI THRIKKODITHANAM.P.O, CHANGANASSERY. 3. P.SASIKUMAR,S/O.PARAMESWARAN NAIR, LEXMI NILAYAM,VAZHAPPALLY.P.O,MADHUMOOLA, CHANGANASSERY. 4. SAJIMON,S/O.ABDUL HAMEED,AGED 35 YEARS, THOTTIPAXRAMBIL,PUZHAVAHU,CHANGANASSERY. 5. NAVAS.M.H,S/O.HAMEED BAVA RAVUTHAR, AGED 43 YEARS,ORAVAYIL PUTHUPPARAMBIL, THRIKKODITHANAM.P.O,KADAMANCHIRA,CHANGANASSERY. 6. BAIJU.T.A. @ MAJEED,S/O.ABDUL HAMEED, AGED 42 YEARS,THOTTUPARAMBIL PUZHAVATHU, CHANGANASSERY. 7. D.SAJEEV,S/O.DAMODARAN,AGED 38 YEARS, KULATHUNGAL VEEDU,MALANGUNNAM,CHANGANASSERY. BY ADV. SRI.J.S.AJITHKUMAR SRI.S.ASWA KUMAR RESPONDENT(S): --------------- 1. THE DIRECTOR OF LOTTERIES, THIRUVANANTHAPURAM-6795001. 2. STATE OF KERALA,REPRESENTED BY THE SECRETARY,FINANCE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-679 5001. 3. UNION OF INDIA,REPRESENTED BY THE SECRETARY,MINISTRY OF HOME AFFAIRS, NEW DELHI-01. BY ASG SRI. T.P.M. IBRAHIM KHAN BY GOVT. PLEADER SRI. VINOD CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 29163 OF 2010(U) -------------------------------------------------- Dated this the 22nd day of September, 2010 J U D G M E N T Challenge in this writ petition is against Ext.P9 Government order dated 31.8.2010, in which after referring to the judgment rendered by this court in WP(c).No.25632/2010, the Government have ordered that in compliance with the judgment, only 52 ordinary draws and 6 Bumper draws will be conducted in an year as per Sections 4(h) and (j) of the Lotteries Regulation Act, 1988. Petitioners contend that in terms of the statutory provisions relied on in the order viz. Sections 4(e), (h) and (j) of the Act, it is permissible for the State Government to conduct any number of lotteries as they deem fit and therefore Ext.P9 order is illegal. 2. First of all, a reading of this order itself show that it has been issued in compliance with the directions of this court in the judgment in WP(c).No.25632/2010 that the State shall ensure than no lottery shall have more than one draw in a week and more than 6 Bumper draws in an year. Since, Ext.P9 reflects implementation of the directions of this court, if the petitioner is aggrieved by Ext.P9, the remedy of the petitioner is to file an WPC.No.29163 /2010 :2 : appeal or review against the judgment pursuant to which Ext.P9 order has been issued. Therefore on that ground itself this writ petition is not maintainable and is to be dismissed. 3. Though learned Government pleader submits that irrespective of the directions in the judgment, the Government have taken a policy decision to conduct only 52 ordinary draws and 6 Bumper draws in an year. Since the writ petition is liable to be dismissed, I do not think it necessary for this court to examine the merits of this contentions raised by the learned Government Pleader. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/