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2021 Supreme(Online)(KER) 3319

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
PAULY VADAKKAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.JOMY K. JOSE, SRI.ARAVINDA KUMAR BABU T.K., SRI.S.SREEKUMAR(SR), SRI.C.P.UDAYABHANU, SRI.NAVANEETH.N.NATH, SRI.BOBAN PALAT, SRI.P.U.PRATHEESH KUMAR, SHRI.RASSAL JANARDHANAN A., SHRI.ABHISHEK M. KUNNATHU, SRI.P.R.AJAY, SRI.SANTHOSH MATHEW, SRI.VIJAY V PAUL, SRI.THOMAS KURUVILLA, SRI.JOSEPH KODIANTHARA(SR), SRI.JAISHANKAR V NAIR, SRI.SUVIN R.MENON

JUDGMENT

Dated this the 10th day of February 2021 S.MANIKUMAR, C.J.

The main concern raised by the petitioner in this Public Interest Litigation is that there is no mechanism to monitor the online gambling and online betting. Petitioner has sought for a declaration that playing online gambling and online betting in Virtual Space, Cyber Space, through Mobile Applications, as well as through computers, more particularly “online rummy”, be declared as unlawful and illegal.

2. He has also sought for a mandamus directing respondent No.1/State of Kerala, represented by the Chief Secretary to the Government, Government Secretariat, Thiruvananthapuram, to ban all the forms of online gambling and online betting of any nature, until and unless an appropriate regulatory regime is established and regulations are framed by the 1st respondent regulating the functions and activities of all the forms of online gambling and online betting.

3. Petitioner has submitted that the law relating to gaming in Kerala, is mainly dealt with Kerala Gaming Act , 1960. However, the Act does not extend its power to any gambling, wagering or betting games conducted through online platforms, by using electronic and co

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