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2021 Supreme(Online)(KER) 30923

HIGH COURT OF KERALA
T. R. Ravi, J
HEAD DIGITAL WORKS PRIVATE LIMITED – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI MUKUL ROHATGI (SR.), SRI S.SREEKUMAR (SR.), SRI JOSEPH KODIANTHARA (SR.), SRI THOMAS P.KURUVILLA, SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI DURGA GANDHAM BOSE, SRI JOE JOSEPH KODIANTHARA (SR.), SRI.P.PRIJITH, SRI.P.MARTIN JOSE, SRI.THOMAS P.KURUVILLA, SRI N.MANOJ KUMAR, STATE ATTORNEY, SRI S.ANAND T.K, SRI.VIJAY V. PAUL, SHRI.ANANDAPADMANABHAN UNNIKRISHNAN, SHRI.GOKUL ASOK, SHRI SUHAAN MUKERJI, SHRI VARUN MATHEW, SRI NIKHIL PARIKSHITH

JUDGMENT

The question raised in these writ petitions is regarding the power of the Government to include the game "Online Rummy played for stakes" within the purview of the Kerala Gaming Act, 1960 (hereinafter referred to as the Act or the Kerala Act). The petitioners are all companies which are engaged in the business of developing and offering online games of skill in India and they are aggrieved by the notification issued by the Government, amending the exemption notification issued on 30.09.1976 under Section 14A of the Act. The reference to the exhibits is as they are produced in W.P.(C)No.7785 of 2021 which is treated as the lead case.

STATUTORY PROVISIONS:-

2. The State of Kerala which was formed by including areas which were under the erstwhile Governments of Travancore, Cochin and Malabar Presidency, was governed with respect to Gambling, by the Travancore Public Gambling Act, III of 1071ME (corresponding to

1896), The Cochin Public Gambling Act, IV of 1082 ME (corresponding to 1907) and the Madras Gaming Act, 1930 (III of 1930). After the formation of the State of Kerala, the Kerala Gaming Act, 1960 was enacted and the aforesaid enactments were repealed (to the extent it ap

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