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2003 Supreme(Mad) 85

B.SUBHASHAN REDDY, MALAI SUBRAMANIAN
State of Mizoram – Appellant
Versus
The State of Tamil Nadu & Another – Respondent


Advocates Appeared:For the Petitioner:Mr.R.Krishnamurthy, Senior Counsel. For the Respondents:Mr.G.Masilamani Senior Counsel, Mr.A.L.Somayaji Senior Counsel, Mr.R.Gandhi Senior Counsel, Mr.V.T.Gopalan Senior Counsel, Mrs.Nalini Chidambaram Senior Counsel, Mr.M.Vinayagamurthy, Mr.V.Balasubramaniam, Mr.Palani Selvaraj, Mr.N.R.Chandran Advocate General Assisted by Mr.V.Raghupathi.

Judgment :-

THE HON'BLE THE CHIEF JUSTICE

These matters emanate from the Lotteries (Regulation) Act, 1998, which is hereinafter referred to as the Lotteries Act. The Lotteries Act is a Central piece of Legislation. The Lotteries Act confers rule making powers both on the Central Government as also the State Government under Section 11 and 12 respectively. State of Tamil Nadu framed Rules in exercise of Powers under Section 12 of the Act, titled Tamil Nadu State Lotteries (Regulation) Rules, 2002. Lotteries were being conducted not only by the State of Tamil Nadu, but by other States too. Rules 3 to 19 relate to the lotteries conducted by the State of Tamil Nadu while Rule 20 pertains to the lotteries conducted by other States, Union Territory or any country having bilateral treaty with India. Rule 20 was the subject matter of writ petitions of the year 2002, on the ground that the restrictions imposed on the conducting of lotteries other than State of Tamil Nadu were not only unreasonable, but also devoid of jurisdiction. Interim orders were passed in the said writ petitions, enabling the agents to purchase the lottery tickets organised and conducted by other states subject to the c

































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