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2023 Supreme(Mad) 3016

SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
All India Gaming Federation – Appellant
Versus
State of Tamil Nadu Through Chief Secretary, Chennai – Respondent


Advocates appeared:
For the Petitioners:Mukul Rohatgi, Senior Counsel for R.S. Diwagar , Advocate, Sajan Poovaiya, Senior Counsel, C. Manishankar, Senior Counsel for R.S. Diwaagar, Advocate, Satish Parasaran, Senior Counsel for R.S. Diwaagar, Advocate, Dr. Abhishek Manu Singhvi, Senior Counsel assisted by Suhaan Mukherji, Advocate, V. Ragavachari, Senior Counsel, Deepika Mulari, Pradeep Nayak, Samkeeth Vittal, S. Pratiks Bhadri Narayan, Shreya Narayanan, Harsh Hiroo Gursahani, Nikhil Parikshith, Abhishek Manchanda, Sayandeep Pahari, Arun Karthik Mohan, Ashwini Vaidialingam, L. Nidhiram Sharma, Akhil Anand, Himanshu Vij, Bharadwaj Ramasubramanian, Durga Bose Gandham, Advocates. For the Respondents:R1, Kapil Sibal, Senior Counsel assisted by Aparajita Jamwal, Advocate, R2, R. Shunmugasundaram, Advocate General assisted by P. Muthukumar, State Government Pleader, A.G. Shakeena, B. Thiyagarajan, Advocates, R3, Amit Anand Tiwari, Additional Advocate General Supreme Court assisted by Devyani Gupta, Amartya A. Sharan, Advocates, R4, P. Muthukumar, State Government Pleader assisted by R. Anitha, Special Government Pleader, K.M.D. Muhilan, Additional Government Pleader, K. Karthik Jagannath, Government Advocate.

JUDGMENT

(Prayer: Petition under Article 226 of the Constitution of India seeking a writ of declaration to declare the Impugned Act being Tamil Nadu prohibition of Online Gambling and Regulation of Online Games Act, 2022 enacted by the first respondent as unconstitutional as the same is lacking legislative competence and/or being in violation of Constitution of India including the fundamental rights enshrined under Articles 14, 19 and 21. Petition under Article 226 of the Constitution of India seeking a writ of declaration declaring that the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 (Act No 9 of 2023) is ultra vires the Constitution of India. Petition under Article 226 of the Constitution of India seeking a writ of declaration declaring Sections 2(i) read with Sections 7, 8, 9, 10, 23 and the Schedule contained in Act No. 9 of 2023 dated April 7, 2023 as arbitrary, void, illegal, and unconstitutional, in so far as the same applies to Rummy and Poker when played online with money or other stakes. Petition under Article 226 of the Constitution of India seeking a writ of declaration declaring Sections 2(i) read with Section 7, 8, 9, 10, 23 and t

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