Live Law: Kerala: Tuesday, 23 September 2025.
A PIL was moved before the
Kerala High Court alleging large-scale corruption and lack of transparency in
the State Lotteries Department. The PIL was preferred by Babu K.M., a retired
government official and mandalam president (Vytilla) of Indian National
Congress.
The petitioner had, in 2024, sought various information for the financial year 2023-24 from Public Information Officer of Lotteries Department through RTI request. This included total income derived, number of draws conducted, total number of draws as well as the total amount received by the State during 2023-24 when 1st Prizes of draws conducted were not claimed and address of all the 1st prize winners along with name and number of respective lottery winners.
Replying to the query, it was stated that Rupees 12530.41 crores was earned as revenue and 361 draws were made. However, the PIO denied answers to the other queries of the petitioner. Aggrieved, an appeal was filed but the same was rejected. A second appeal was filed, which was partially allowed, directing release of information relating to unclaimed prize money for January 2024 within 10 days. However, this information has not yet been released.
When the matter came up for consideration before Chief Justice Nitin Jamdar and Justice Basant Balaji on Monday (September 22), the Bench orally asked the counsel if the petitioner is satisfied by the order in second appeal:
"Are you satisfied or aggrieved by it? Are you stopping at that or do you want challenge that? There is an order which you have to challenge by way of a simpliciter writ petition. Unless you say that you are satisfied with the order. Therefore, you are a litigant who is before the RTI authority aggrieved by the rejection of your application or partially allowing it."
On hearing that the petitioner is challenging the order, the Court directed,
"The petitioner is aggrieved by the Information Commission in appeal partly allowing his application. That being the position, the petitioner states that the petitioner will challenge the order passed by the Respondent No. 2 State Information Commission Appellate Authority by adopting appropriate proceedings. In light thereof this writ petition is disposed of."
The petitioner counsel, thereupon, added that there are other prayers in the petition. Among other prayers, the petitioner has prayed for a direction to the state government and, the Comptroller and Auditor General of India to conduct an audit of Lotteries Department every Financial Year under the Central Lotteries Rules. Further direction is sought to the CBI to carry out an impartial investigation into the affairs of the Lotteries Department in Kerala. He has also asked for direction to a technical team, preferably from an IIT or NIT to carry out a software audit of the Respondent Lottery Department and make the report available to public.
Additionally, the petitioner has sought for a declaration that the details of the prize winners in Lottery are public documents in furtherance of transparency, public interest and also by the previous practise of Lotteries department.These details cannot be denied under Sections 8(1)e, 8(1)g, and 8(1)j of RTI Act for being private information of individuals/being information available in his fiduciary relationship, it is prayed for.
The Court orally told, "You once move before the RTI authorities, you adopt that challenge and then file a PIL. Follow it up. Then get all the information and then we will see."
The petition is moved by Advocates Shinto Mathew Abraham, Anita Elizebeth Babu, Arun Thomas, Veena Raveendran, Karthika Maria, Anil Sebastian Pulickel, Mathew Nevin Thomas, Kurian Antony Mathew, Leah Rachel Ninan, Karthik Rajagopal, Aparnna S., Arun Joseph Mathew, Noel Ninan Ninan, Adeen Nizar.
(Click to DownloadJudgment)
The petitioner had, in 2024, sought various information for the financial year 2023-24 from Public Information Officer of Lotteries Department through RTI request. This included total income derived, number of draws conducted, total number of draws as well as the total amount received by the State during 2023-24 when 1st Prizes of draws conducted were not claimed and address of all the 1st prize winners along with name and number of respective lottery winners.
Replying to the query, it was stated that Rupees 12530.41 crores was earned as revenue and 361 draws were made. However, the PIO denied answers to the other queries of the petitioner. Aggrieved, an appeal was filed but the same was rejected. A second appeal was filed, which was partially allowed, directing release of information relating to unclaimed prize money for January 2024 within 10 days. However, this information has not yet been released.
When the matter came up for consideration before Chief Justice Nitin Jamdar and Justice Basant Balaji on Monday (September 22), the Bench orally asked the counsel if the petitioner is satisfied by the order in second appeal:
"Are you satisfied or aggrieved by it? Are you stopping at that or do you want challenge that? There is an order which you have to challenge by way of a simpliciter writ petition. Unless you say that you are satisfied with the order. Therefore, you are a litigant who is before the RTI authority aggrieved by the rejection of your application or partially allowing it."
On hearing that the petitioner is challenging the order, the Court directed,
"The petitioner is aggrieved by the Information Commission in appeal partly allowing his application. That being the position, the petitioner states that the petitioner will challenge the order passed by the Respondent No. 2 State Information Commission Appellate Authority by adopting appropriate proceedings. In light thereof this writ petition is disposed of."
The petitioner counsel, thereupon, added that there are other prayers in the petition. Among other prayers, the petitioner has prayed for a direction to the state government and, the Comptroller and Auditor General of India to conduct an audit of Lotteries Department every Financial Year under the Central Lotteries Rules. Further direction is sought to the CBI to carry out an impartial investigation into the affairs of the Lotteries Department in Kerala. He has also asked for direction to a technical team, preferably from an IIT or NIT to carry out a software audit of the Respondent Lottery Department and make the report available to public.
Additionally, the petitioner has sought for a declaration that the details of the prize winners in Lottery are public documents in furtherance of transparency, public interest and also by the previous practise of Lotteries department.These details cannot be denied under Sections 8(1)e, 8(1)g, and 8(1)j of RTI Act for being private information of individuals/being information available in his fiduciary relationship, it is prayed for.
The Court orally told, "You once move before the RTI authorities, you adopt that challenge and then file a PIL. Follow it up. Then get all the information and then we will see."
The petition is moved by Advocates Shinto Mathew Abraham, Anita Elizebeth Babu, Arun Thomas, Veena Raveendran, Karthika Maria, Anil Sebastian Pulickel, Mathew Nevin Thomas, Kurian Antony Mathew, Leah Rachel Ninan, Karthik Rajagopal, Aparnna S., Arun Joseph Mathew, Noel Ninan Ninan, Adeen Nizar.
(Click to DownloadJudgment)
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