IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 30262 of 2011(G) ---------------------------------------- PETITIONER(S): ----------------------- SHARAFUDEEN, KALATHUMMURI PADEETTATHIL, PAYIKKUZHI, OCHIRA, KOLLAM - 690 526. BY ADV. SRI.P.B.SAHASRANAMAN, SRI.T.S.HARIKUMAR. RESPONDENT(S): --------------------------- 1. OCHIRA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, OCHIRA. P.O, KOLLAM - 690 526. 2. OCHIRA KSHETRA BHARANA SAMATHI, REPRESENTED BY ITS SECRETARY, OCHIRA. P.O, PIN - 690 526. 3. THE CITY POLICE COMMISSIONER, KOLLAM-690 518. 4. THE ASSISTANT COMMISSIONER OF POLICE, KARUNAGAPALLY - 690 518. 5. THE CIRCLE INSPECTOR OF POLICE, KARUNAGAPALLY, KOLLAM - 690 518. 6. THE SUB INSPECTOR OF POLICE, OCHIRA, KOLLAM - 690 526. R3 TO R6 BY GOVT. PLEADER SMT.M.J. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 30262 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1- TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 29/10/2011. EXHIBIT-P2- TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT, DATED 03/11/2011. EXHIBIT-P3- TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT ADDRESSED TO THE IST RESPONDENT 07/11/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 30262 OF 2011 ----------------------------------------------------- Dated this the 15th day of November, 2011 J U D G M E N T According to the petitioner, pursuant to Ext.P1, in an auction held, petitioner was allotted space for conducting amusement park, Circus and Skilled games. It is stated by him that, he has applied to the Panchayath for necessary license and that the same has been issued. It is further stated that despite all these, respondents 3 to 6 are interfering with the running of the stall for conducting skilled games. Therefore this writ petition has been filed with the following prayers. “Issue a writ of mandamus or other appropriate writ order or direction directing the respondents 3 to 6 not to interfere with the running of stall for legal skill games as allotted to the petitioner W.P.(C) No. 30262 OF 2011 :2 : as per Ext.P2.” Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader if as stated in the writ petition, the petitioner intends to conduct only skill games like balloon shooting, soap ring, ball box and three pin dart without involvement of money transactions, respondents have no objection in the matter. It is submitted that, though space is got allotted for such purposes, what is actually conducted are activities which come within the purview of the Kerala Gaming Act and in the previous year respondents had registered five cases against the earlier allottee. As can be seen from the above, if what is proposed by the petitioner is only the aforesaid four items of skill games which according to the petitioner does not involve any money transaction, it does not come within the purview of the Gaming Act, respondents can have no objection in the W.P.(C) No. 30262 OF 2011 :3 : matter. Therefore I dispose of the writ petition directing that if the activities carried on in the stall allotted to the petitioner do not amount to anything prohibited under the Kerala Gaming Act, petitioner will be permitted to carry on the same. However, if there is any illegal activity carried on, it will be open to the respondents to take any appropriate action, which they are entitled to in law. ANTONY DOMINIC, JUDGE ul/-