The Hindu : Kerala News : Lottery: Government asked to file counter-affidavits

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Tuesday, Feb 08, 2005

Kerala

Kerala

Lottery: Government asked to file counter-affidavits

By Our Staff Reporter

KOCHI, FEB. 7. The Kerala High Court today directed the Government to file a counter-affidavit in response to a writ petition challenging the ban on sale of all lotteries in the State.

Justice K.M. Joseph issued the directive when a writ petition filed by Purushothama Bharathi, president of the Kerala Lottery Agents Association, came up. The court also directed that counter-affidavits be filed in response to the writ petitions seeking to refund the amount of lotteries purchased by agents before the ban came into effect.

The association president said the decision to ban the lotteries had been taken without considering the real issues involved in the matter. In fact, about 35,000 persons had been designated as recognised agents of State lotteries. Most of them were physically handicapped and widows and living off the income from the sale of the lotteries. It was due to the lack of proper supervision from the Lottery Directorate officials and other Government officials that the Government lost revenue from the sale of other State lotteries and operation of online lotteries, he said.

The petitioner said the decision was highly improper and arbitrary and against the spirit of Article 19(1)(g)(right to carry on business and trade) of the Constitution. The decision would only prompt lottery agents to commit suicide. He pointed out that the cases pending before the Supreme Court and the High Court had arisen out of the disputes relating to the conduct of other State lotteries including the online lotteries. No cases with respect to the sale of State lotteries were pending before any courts. The State Government had been conducting its lotteries for last 28 years without giving any room for complaints.

The petition sought to call for the records relating to the Cabinet decision to ban lotteries. It also pleaded that a directive be issued to the State Government to conduct the State lotteries.

Shopping complex

Justice C.N. Ramachandran Nair today directed the Kollam District Collector to inquire into the investment made for constructing a shopping complex by the Nilamel grama panchayat and report whether there was any favouritism or irregularities that led to the financial crisis in the panchayat.

The Judge asked the Collector to inquire into the procedure adopted for letting out the buildings and terms and conditions thereto. A report should be filed within one month, ordered the court.

The directives were issued while asking the State Bank of Travancore to allow the panchayat to operate its accounts for six months. The court issued the directives on a petition filed by the panchayat against the recovery proceedings initiated by the Kerala State Rural Development Board for the unpaid portion of loan.

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