Babu K M vs State Of Kerala on 8 April, 2026

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    Kerala High Court

    Babu K M vs State Of Kerala on 8 April, 2026

    WP(PIL) NO. 85 OF 2026
                                         -1-
                                                                  2026:KER:32038
    
                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                       PRESENT
    
                   THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN
    
                                          &
    
                     THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
    
             WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
    
                               WP(PIL) NO. 85 OF 2026
    
    
    PETITIONER:
    
                  BABU K M
                  AGED 60 YEARS
                  KOMOROTH HOUSE, BHAGAT SINGH ROAD, THYKOODAM, VYTILLA,
                  ERNAKULAM, PIN - 682019
    
    
                  BY ADVS.
                  SMT.ANITA ELIZEBETH BABU
                  SHRI.SHINTO MATHEW ABRAHAM
    
    
    
    
    RESPONDENTS:
    
         1        STATE OF KERALA
                  REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT
                  SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 682031
    
         2        KERALA STATE INFORMATION COMMISSION
                  STATE INFORMATION COMMISSION, T.C. 14/2071, PUNNEN ROAD,
                  THIRUVANANTHAPURAM, KERALA, REPRESENTED BY THE CHIEF
                  INFORMATION COMMISSIONER, PIN - 695001
    
         3        CHIEF INFORMATION COMMISSIONER
                  STATE INFORMATION COMMISSION, T.C. 14/2071, PUNNEN ROAD,
                  THIRUVANANTHAPURAM, KERALA, PIN - 695001
    
         4        THE STATE PUBLIC INFORMATION OFFICER
                  (1ST APPELLATE AUTHORITY), THE JOINT DIRECTOR, DIRECTORATE
                  OF STATE LOTTERIES, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
                  KERALA, PIN - 695033
     WP(PIL) NO. 85 OF 2026
                                        -2-
                                                                2026:KER:32038
    
         5      THE PUBLIC INFORMATION OFFICER
                STATE LOTTERIES DEPARTMENT, DIRECTORATE OF STATE LOTTERIES,
                VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, KERALA, PIN, PIN -
                695033
    
         6      ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT
                GOVERNMENT SECRETARIAT STATUE, THIRUVANANTHPURAM, PIN -
                695011
    
         7      ADDITIONAL CHIEF SECRETARY, TAXES DEPARTMENT
                GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695011
    
         8      DIRECTOR, LOTTERIES DEPARTMENT
                DIRECTORATE OF STATE LOTTERIES, VIKAS BHAVAN,
                THIRUVANANTHAPURAM, PIN - 695011
    
         9      COMPTROLLER AND AUDITOR GENERAL OF INDIA
                OFFICE OF ACCOUNTANT GENERAL (AUDIT I), AUDIT BHAVAN,
                STATUE, THIRUVANANTHAPURAM, KERALA , REPRESENTED BY
                ACCOUNTANT GENERAL AUDIT 1, PIN - 695011
    
    
                BY ADV SHRI.ACHUTH KRISHNAN R., CGC
                BY ADV. SHRI V. TEKCHAND, SPECIAL GOVERNMENT PLEADER FOR R1,
                R4, R8
    
    
    
         THIS WRIT PETITION (PUBLIC INTEREST LITIGATION) HAVING COME UP FOR
    ADMISSION ON 08.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
     WP(PIL) NO. 85 OF 2026
                                       -3-
                                                              2026:KER:32038
    
    
    
    
                                JUDGMENT
    

    Dated this the 8th day of April 2026

    Soumen Sen, C.J.

    SPONSORED

    In view of the submission made on behalf of the State that similar

    issues are pending in W.P.(C) Nos. 36036/2025 and 41291/2025, we

    are not inclined to pass any order at this stage, as the matters are

    under consideration before the Bench having the roster. We will not

    permit another proceeding to be initiated under the garb of Public

    Interest Litigation. Hence, we are not inclined to entertain the petition

    for the present.

    This Public Interest Litigation is hence dismissed. Merits of the

    matter however has not been gone into for the reasons recorded.

    Sd/-

    SOUMEN SEN,
    CHIEF JUSTICE

    Sd/
    SYAM KUMAR V.M.,
    JUDGE
    jjj
    WP(PIL) NO. 85 OF 2026
    -4-
    2026:KER:32038

    APPENDIX OF WP(PIL) NO. 85 OF 2026

    PETITIONER EXHIBITS

    Exhibit P1 A TRUE COPY OF THE RTI REQUEST SUBMITTED BY THE
    PETITIONER BEFORE THE 5TH RESPONDENT PUBLIC
    INFORMATION OFFICER, DATED 09-05-2024, ALONG WITH
    ITS TRANSLATION
    Exhibit P2 A TRUE COPY OF THE RTI REPLY, DATED 23.05.2024,
    ISSUED BY 5TH RESPONDENT PUBLIC INFORMATION
    OFFICER TO THE PETITIONER, ALONG WITH ITS
    TRANSLATION
    Exhibit P3 A TRUE COPY OF THE APPEAL FILED BY THE PETITIONER
    BEFORE THE 4TH RESPONDENT/1ST APPELLATE AUTHORITY
    UNDER THE RTI ACT, ALONG WITH ITS TRANSLATION,
    DATED 07.06.2024
    Exhibit P4 A TRUE COPY OF THE ORDER NO SLTY/2586/2024-PA1
    DATED 02-07-2024 ISSUED BY 4TH RESPONDENT/ 1ST
    APPELLATE AUTHORITY UNDER RTI ACT, ALONG WITH ITS
    TRANSLATION
    Exhibit P5 A TRUE COPY OF THE APPEAL SUBMITTED BY THE
    PETITIONER ALONG WITH ITS TRANSLATION, DATED
    20.07.2024
    Exhibit P6 A TRUE COPY OF THE ORDER DATED 30-04-2025 ISSUED
    BY THE 3RD RESPONDENT CHIEF INFORMATION
    COMMISSIONER OF KERALA FOR 2ND RESPONDENT
    Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
    PETITIONER BEFORE THE 2ND RESPONDENT COMMISSION,
    DATED 28-07-2025 INFORMING ABOUT THE NON-
    COMPLIANCE AND REQUESTING THE COMMISSION TO TAKE
    NECESSARY ACTION FOR ENFORCING ITS ORDER, ALONG
    WITH ITS TRANSLATION
    Exhibit P8 A TRUE COPY OF W.P.(C) NO.36036 OF 2025, WITHOUT
    EXHIBITS
    Exhibit P9 A TRUE COPY OF THE STATE REVENUE AUDIT MANUAL –

    KERALA STATE LOTTERIES, 1ST EDITION, ISSUED BY
    OFFICE OF THE ACCOUNTANT GENERAL (WF&RA), KERALA,
    THIRUVANANTHAPURAM,
    Exhibit P10 A TRUE COPY OF THE RELEVANT EXTRACT OF THE CAG
    REPORT
    Exhibit P11 A TRUE COPY OF FORM-V
    Exhibit P12 A TRUE COPY OF FORM-VI
    Exhibit P13 A TRUE COPY OF FORM-VII
    Exhibit 14 A TRUE COPY OF THE RTI REPLY DATED 07.03.2011
    WHEREIN THE FULL ADDRESS OF 1ST PRIZE WINNERS AND
    DETAILS OF ALL UNCLAIMED MONEY WERE PROVIDED
    Exhibit P15 A TRUE COPY OF THE WP(PIL) NO 121 OF 2025 WITHOUT
    WP(PIL) NO. 85 OF 2026
    -5-
    2026:KER:32038

    EXHIBITS
    Exhibit P16 A TRUE COPY OF THE JUDGMENT DATED 22.09.2025 IN
    W.P.(PIL) NO.121 OF 2025
    Exhibit P17 A TRUE COPY OF THE CASE STATUS OF W.P.(C) NO.36036
    OF 2025
    Exhibit P18 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
    6TH RESPONDENT IN W.P.(C) NO.36036 OF 2025,
    PRESENTED ON 18.02.2026
    Exhibit P19 A TRUE COPY OF W.P.(C) NO.41291 OF 2025, WITHOUT
    EXHIBITS,
    Exhibit P20 A TRUE COPY OF THE INTERIM ORDER DATED 07.11.2025
    IN W.P.(C) NO.41291 OF 2025
    Exhibit P21 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
    2ND RESPONDENT IN W.P.(C) NO.41291 OF 2025,
    PRESENTED ON 31.01.2026



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