IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 W.A.No.9 of 2006(A) ------------------------------------ AGAINST THE JUDGEMENT IN W.P.(C).NO.16202/2005, DATED 14/12/2005 .................... APPELLANT: PETITIONER IN THE WRIT PETITION:- -------------------------------------------------------------------------- PAVANA AGENCIES, TRINITY BUILDING, UPPALA, KASARGODE DISTRICT, REPRESENTED BY MANAGING PARTNER K.PRAKASH SHETTY, S/O.K.NARAYAN SHETTY, AGED 53 YEARS, MANAGING PARTNER, RESIDING AT REMANI, SARALABATTU, MANIPAL. BY ADV. SRI.M.R.RAJENDRAN NAIR (SR.) SRI.M.R.HARIRAJ SMT.REKHA VASUDEVAN SRI.SURAJ.S SRI.P.A.KUMARAN SMT.VINEETHA. B. RESPONDENT: RESPONDENT IN THE WRIT PETITION:- --------------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. BY SPECIAL GOVERNMENT PLEADER (TAXES) SRI.VINOD CHANDRAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer, J. ------------------------------------------- W.A.No.9 of 2006-A -------------------------------------------- Dated, this the 10th November, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is directed against the orders passed by the learned Single Judge in W.P.(C).No.16202 of 2005, dated 14.12.2005. By the impugned order, the learned Single Judge has rejected the writ petition, solely on the ground that the petitioner has no locus to maintain the writ petition. (2) In the writ petition filed, the petitioner had called in question the vires of the provisions of the Kerala Tax on Paper Lotteries Act, 2005 (“Act” for short), as void and had also sought for a direction to the respondent not to implement the said Act against the petitioner. (3) At the time of hearing of this Writ Appeal, we are informed by the learned counsel appearing for the State, that, the appellant, at the moment, has stopped its business of selling the paper lottery tickets under the provisions of the Act. (4) In view of this development, at this stage, it may not be necessary for us to go into the correctness or otherwise of the orders passed by the learned Single Judge. WA.No.9 of 2006 - 2 - (5) Accordingly, while disposing of the Writ Appeal as having become unnecessary, we reserve liberty to the appellant/petitioner to approach this Court, if need arises in future, and the reliefs sought in the writ petition can be re-agitated by the appellant, if it so desires. (6) In view of the orders passed in the Writ Appeal, I.A.No.5 of 2006 is rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-