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 20TH OCTOBER 2008 / 28TH ASWINA 1930 W.P.(C).No.15234 of 2008(S) --------------------------------------------------- PETITIONER:- --------------------- PRAKASH RAMADAS, ANCHELKARANTE THEKKETHIL, MAVELIKKARA P.O. BY ADV. SRI.MANJERI SUNDER RAJ SMT.K.K.PREETHA SRI.B.PREMNATH (E) SRI.MANJERI SUBIN SUNDER RAJ RESPONDENTS:- ------------------------- 1. THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. LOTTERIES DIRECTOR, VIKAS BHAVAN, THIRUVANANTHAPURAM. R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. -------------------------------------------- W.P.(C).No.15234 of 2008-S -------------------------------------------- Dated, this the 20th October, 2008 JUDGMENT H.L.Dattu,C.J. Petitioner, a citizen of this State, is before us in this petition, filed in the name of public interest litigation, with a request to direct the State of Kerala to stop the conducting of lottery schemes, for the purpose of raising funds to the development activities of the State Government. (2) The primary assertion that is made in the writ petition is, that, the State Government is trying to sell lottery tickets through government officials and, therefore, that action of the State Government is arbitrary and illegal. (3) The respondents have filed a counter affidavit. In that, they have stated, that, the State Government has introduced certain lottery schemes for the purpose of raising funds for the activities of the State Government and in particular, to the projects, which can help down-trodden people in the State. They have further stated, that, at no point of time, the State Government had put any pressure on the Government officials to sell the lottery tickets. It is further stated, that, in certain cases, the Government officials have returned the unsold lottery tickets to the WP(C).15234/2008-S 2 - State Government. (4) A bare perusal of the counter affidavit filed by the respondents would clearly indicate, that, at no point of time the State Government had put any pressure on the Government officials to sell the lottery tickets, introduced by them under different schemes. (5) In view of the categorical statement made by the respondents in the counter affidavit which is not disputed by the petitioner, it is difficult for us to accept the assertions and allegations made by the petitioner in the writ petition. Therefore, we do not find any good reason to entertain the writ petition and the writ petition requires to be rejected and it is rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/dk