Head Digital Works Private Limited v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.11.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.Nos.30060, 30068, 30074 & 29911 of 2022 W.P.No.30060 of 2022:
1. Head Digital Works Private Limited represented by its Authorized Representative Mr.Deepak Gullapalli having its Registered Office at 1st Floor, Express Building 9-10, Bahadur Shah Zafar Marg New Delhi 110 002 and Corporate Office at 8th Floor, Atria Block The-V, Plot No.17 Software Units Layout Madhapur, Hyderabad Telengana 500 081
2. Deepak Gullapalli S/o Shri Ram Prasad Petitioners v.
1. State of Tamil Nadu Through Chief Secretary Secretariat, Fort St.George
2. State of Tamil Nadu Department of Home Through Principal Secretary Secretariat, Fort St.George
3. State of Tamil Nadu Department of Law Through Principal Secretary Secretariat, Fort St.George
4. Director General of Police State of Tamil Nadu Office of the Director General Kamarajar Salai, Chennai 600 004 Respondents Petition under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records of Ordinance No.4 of 2022 dated October 3, 2022 and quash the same. For Petitioners ::
Mr.Sajan Poovayya Senior Counsel for Mr.Sashidhar Sivakumar For Respondents ::
Mr.Amit Anand Tiwari
Additional Advocate General assisted by Ms.A.G.Shakeenaa for R1 to R4 W.P.No.30068 of 2022:
1. Junglee Games India Private Limited Represented by its Authorised Signatory Rahul Nandkumar Bharadwaj Having its registered office at 2nd Floor, 55, Lane-2, Westend Marg New Delhi 110 030
2. Rahul Nandkumar Bhardwaj S/o Shri Nand Kumar Bhardwaj Petitioners v.
1. State of Tamil Nadu Through Chief Secretary Secretariat, Fort St.George
2. State of Tamil Nadu Department of Home Through Principal Secretary Secretariat, Fort St.George
3. State of Tamil Nadu Department of Law Through Principal Secretary Secretariat, Fort St.George
4. Director General of Police State of Tamil Nadu Office of the Director General Kamarajar Salai Chennai 600 004 Respondents Petition under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records of Ordinance No.4 of 2022 dated October 3, 2022 and quash the same. For Petitioners ::
Mr.Sathish Parasaran Senior Counsel for Mr.Sashidhar Sivakumar For Respondents ::
Mr.R.Shunmugasundaram Advocate General assisted by Mr.P.Muthukumar State Government Pleader Ms.A.G.Shakeenaa for R1 to R4 W.P.No.30074 of 2022:
1. Play Games 24 x 7 Private Limited Represented by its Authorized Representative Mr.Bhavin Pandya Having its Registered Office at 5th Floor, Central Wing (B) Tower - 4, Nesco IT Park Nesco Centre, Western Express Highway
Goregaon (E), Mumbai 400 063
2. Bhavin Pandya S/o Shri Kaushik Pandya Petitioners v.
1. State of Tamil Nadu Through Chief Secretary Secretariat, Fort St.George
2. State of Tamil Nadu Department of Home Through Principal Secretary Secretariat, Fort St.George
3. State of Tamil Nadu Department of Law Through Principal Secretary Secretariat, Fort St.George
4. Director General of Police State of Tamil Nadu Office of the Director General Kamarajar Salai Chennai 600 004 Respondents Petition under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records of Ordinance No.4 of 2022 dated October 3, 2022 and quash the same.
For Petitioners ::
Mr.Mukul Rohatgi Senior Counsel for Mr.Sashidhar Sivakumar For Respondents ::
Mr.Kapil Sibal Senior Counsel assisted by Ms.A.G.Shakeenaa for R1 to R4 W.P.No.29911 of 2022:
All India Gaming Federation Represented by its General Secretary Mr.Sunil Krishnamurthy Tiffany, 1st Floor Hiranandani Roadd Hiranandani Estate, Ghodbunder Road Patlipada, Thane (West) Maharashtra 400 607 Petitioner v.
1. State of Tamil Nadu Represented by its Chief Secretary Secretariat, Fort St.George
2. The Law Secretary Government of Tamil Nadu Secretariat, Fort St.George Respondents Petition under Article 226 of the Constitution of India praying for
issuance of a Writ of Declaration, to declare Tamil Nadu Ordinance No.4 of 2022, Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022 enacted by the first respondent as unconstitutional. For Petitioner ::
Mr.C.Aryama Sundaram Senior Counsel for Mr.Rahul Unnikrishnan For Respondents ::
Mr.R.Shunmugasundaram Advocate General assisted by Mr.P.Muthukumar State Government Pleader Ms.A.G.Shakeenaa for R1 & R2
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The instant writ petitions have been filed by the petitioners, who are engaged in the business of developing and offering online games of skill and other free games in India and the All India Gaming Federation, one of the largest associations of gaming companies in India, challenging the Tamil Nadu Ordinance No.4 of 2022, an Ordinance to prohibit Online gambling and to regulate Online games in the State of Tamil Nadu, as published in the
Tamil Nadu Government Gazette Extraordinary dated October 3, 2022 and to quash or declare the same as unconstitutional.
2. Mr.C.Aryama Sundaram, learned Senior Counsel, Mr.Mukul Rohatgi, learned Senior Counsel, Mr.Sajan Poovayya, learned Senior Counsel and Mr.Sathish Parasaran, learned Senior Counsel appearing for the respective petitioners argued their cases for sometime against the impugned Ordinance.
3. However, after a brief reply was given by Mr.Kapil Sibal, learned Senior Counsel appearing for the respondents in one of the writ petitions stating that unless the date is notified for its operation, all these writ petitions having no cause of action whatsoever, should be rejected, the respective learned Senior Counsel appearing for the petitioners requested this Court to permit the petitioners to withdraw the writ petitions with liberty to represent their cases as and when the date is notified.
4. Recording and permitting the petitioners to do so, the writ petitions are dismissed as withdrawn with the liberty as prayed for. Consequently, W.M.P.Nos.29475, 29477, 29478, 29480, 29481, 29483, 29490, 29492, 29493 & 29305 of 2022 are also dismissed. However, there shall be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.K.K.,J.) Index : yes/no 16.11.2022 ss To
1. The Chief Secretary to Government of Tamil Nadu Secretariat, Fort St.George
2. The Principal Secretary to Government of Tamil Nadu Department of Home Secretariat, Fort St.George
3. The Principal Secretary to Government of Tamil Nadu Department of Law Secretariat, Fort St.George
4. The Director General of Police State of Tamil Nadu Office of the Director General Kamarajar Salai Chennai 600 004
THE HON'BLE ACTING CHIEF JUSTICE AND D.KRISHNAKUMAR,J.
ss W.P.Nos.30060, 30068, 30074 & 29911 of 2022 16.11.2022