ORDER

TAMIL NADU MATTERS

Writ Petition (C) Nos. 739, 756, 982, 1019, 1054, 1057, 1204 and 1205 of 1990, SLP (C) Nos. 9238, 11611 and 11613 of 1990, TC Nos. 70, 66, 67 and 68 of 1990, WP (C) No. 1121 of 1990

1. There is an executive order No. GOMs No. 1101 dated 6-10-1989, promulgated by the State of Tamil Nadu prohibiting the sale of lottery tickets of other States. The relevant part of the said order reads thus:

"2. The lotteries mainly fall under five different categories.

(a) Lotteries organised by the Government of India.

(b) Lotteries organised by the Government of Tamil Nadu.

(c) Lotteries organised by other State Governments.

(d) Private Lotteries authorised by Government of Tamil Nadu, and

(e) Private Lotteries authorised by other Governments but not authorised by this Government.

Government have decided, in view of the reasons referred to in para above that the sale of lottery tickets of the Government of Tamil Nadu and the lotteries organised by Government of India or other State Governments alone will henceforth be permitted within the State of Tamil Nadu. Private Lotteries of any kind are not authorised to be sold within the State of Tamil Nadu."

2. The order clearly implies - if