Kerala High Court
Shitha.P vs The State Of Kerala on 30 January, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 30TH DAY OF JANUARY 2020 / 10TH MAGHA, 1941
WP(C).No.15708 OF 2019(K)
PETITIONER:
SHITHA.P
AGED 39 YEARS
W/O. MURALEEDHARAN, SHIMAHA, KADAMBUR PO.,
KANNUR 670 663.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.RIJI RAJENDRAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TAXES (H) DEPARTMENT,
SECRETARIAT THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF STATE LOTTERIES
VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM 695 033.
R1-2 BY GOVERNMENT PLEADER
SRI.C.E.UNNIKRISHNAN, SPL.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15708 OF 2019
2
JUDGMENT
Dated this the 30th day of January 2020 This writ petition is filed seeking directions to the respondents to release an amount of Rs.40,95,000/- (Rupees Forty Lakhs Ninety Five Thousand only) payable on Ext.P1 prized lottery ticket.
2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.
3. The learned counsel for the petitioner submits that though the draw was conducted on 28.09.2015 and the petitioner has surrendered the lottery ticket within the time specified by the Rules, the amounts were not disbursed to the petitioner on one ground or another, even though, all requisite documents called for, by the respondents had been produced by her. It is stated that the petitioner is entitled to release the amounts due, less all permissible deductions.
4. A counter affidavit has been filed on behalf of the 2 nd respondent submitting that the petitioner's husband Sri.P.Muraleedharan, is a lottery agent and that he had submitted several prized lottery tickets from the same address in the name of various persons belonging to his family. It is stated that, it is only when the documents to prove the identity of the petitioner were produced WP(C).No.15708 OF 2019 3 before the respondent's office that this fact came to the notice of the respondents. It is stated that this is the reason why the amount was not disbursed to the petitioner.
5. A reply affidavit has been placed on record by the petitioner contending that the petitioner, being the wife of a lottery agent would not dis-entitle her to claim a prized ticket. With regard to the contention that the ticket had been entrusted to a lottery agent in Palakkad for sale, it is contended that the purchase of the ticket by her is in the normal course and that cannot be a reason for denying the amounts due.
6. An additional counter affidavit has also been placed on record, producing documents to show that there were claims for prized tickets from the same address on earlier occasions as well. It is contended that though the petitioner may be entitled to claim the prize on a ticket sold by another lottery agent, the claim is liable to be properly verified by the Department in terms of the Act and the Rules and that is all that has been done in the instant case.
7. Having considered the contentions advanced, I find that though the petitioner had raised a claim for being paid the amounts due on a prized ticket, the claim raised by the petitioner has not been considered or rejected by the respondents by passing any order WP(C).No.15708 OF 2019 4 informing the petitioner as to the reason for the non disbursement of the amounts due. In view of the contentions urged, I am of the opinion that the petitioner is entitled to be told the reason, why a prized ticket has not been honoured by the respondents.
8. The learned Special Government Pleader appearing for the respondents suggests that the matter can be considered by the Government on merits, after hearing the petitioner also. It is submitted that the contentions, if any, of the petitioner with regard to the repeated prizing of tickets from a single address, shall be properly considered by the 1st respondent and appropriate orders shall be passed informing the petitioner as to the factual aspects of the matter.
9. The learned counsel for the petitioner submits that all available documents as per the regulations have already been produced by the petitioner before the respondents and that the reliance on Exhibit R2(c) circular is misconceived, since the circular is of the year 2018 and the draw in the instant case was on 28.09.2015.
10. In any view of the matter, I am of the opinion that it is for the 1st respondent to take a reasoned decision in the matter, after hearing the contentions of the petitioner as well. Accordingly, there will be a direction to the 1st respondent to take up the claim of the petitioner, to put the petitioner on notice, hear her and pass appropriate orders, WP(C).No.15708 OF 2019 5 taking note of her contentions as well. The order shall be a speaking one and shall consider the contentions raised by the petitioner as well. Orders shall be passed as directed above, within a period of one month from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SVP WP(C).No.15708 OF 2019 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WINWIN LOTTERY TICKET BEARING NO. UBMYA-WNUND-TDJAS WB- 649642. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED OCTOBER 21,2015 EXHIBIT P3 TRUE COPY OF THE LETTER DATED 29.10.2015 ALONG WITH THE RECEIPT OF POSTING. EXHIBIT P4 TRUE COPY OF THE RESIDENCE CERTIFICATE DATED 29.10.2015 ISSUED BY THE GOVERNMENT. EXHIBIT P4 A TRUE COPY OF THE STAMPED RECEIPT ENCLOSED ALONG WITH EXHIBIT P3.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R2 A A TRUE COPY OF THE PROCEEDINGS NO.PB1/15449/12/2015 DSL DATED 14/3/2016, ISSUED BY THE 2ND RESPONDENT TO THE SECRETARY TAXES (H) DEPARTMENT EXHIBIT R2 B A TRUE COPY OF THE INVOICE NO.124071/2015SA DATED 28/9/2015 EXHIBIT R2 C A TRUE COPY OF THE CIRCULAR NO.PA2/27938/2017/DSL DATED 24/4/2018 EXHIBIT R2 D A TRUE COPY OF THE LETTER DATED 30/12/2015 SENT BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT R2 E A TRUE COPY OF THE REPLY DATED 28/1/2016 SUBMITTED BY THE PETITIONER AS REPLY TO EXHIBIT R2(D) EXHIBIT R2 F A TRUE COPY OF THE LETTER DATED 29/11/2011, ISSUED BY THE DISTRICT LOTTERY OFFICER, KANNUR TO THE 2ND RESPONDENT GIVING THE DETAILS OF DIFFERENT PARTNERS OF M/S.MANJU LOTTERIES