IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 34949 of 2005(I) -------------------------- PETITIONER: ------------ 1. N.S.THANKAMMA, VAZVELIYIL HOUSE, NEDUMKUNNAM P.O., KARUKACHAL, KOTTAYAM DISTRICT. 2. T.G.BALAKRISHNAN NAIR, VAZVELIYIL HOUSE, NEDUMKUNNAM P.O., KARUKACHAL, KOTTAYAM DISTRICT. BY ADV. SRI.JOHN VARGHESE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF LOTTERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, KARUKACHAL POLICE STATION, CHANGANACHERRY. 4. ELIKUTTY.V.M., VADAKKEMURIYIL, THIRUMMUKAVALA, CHAMPAKKARA P.O., KARUKACHAL, KOTTAYAM DISTRICT. 5. STATE BANK OF TRAVANCORE, KARUKACHAL BRANCH, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER. BY ADV. SRI.R.PREM SANKAR FOR R4 SRI.B.PREMOD FOR R4 SMT. N.SUDHA DEVI, GOVERNMENT PLEADER FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON 22/08/2008 DELIVERED THE FOLLOWING: WPC NO.34949/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE LOTTERY TICKET NUMBER D.T.105952 OF KAIRALI LOTTERY DATED NIL. P2 : COPY OF THE COMPLAINT FILED BY R4 BEFORE JFCM COURT, CHANGANACHERRY DATED NIL. P3 : COPY OF THE REPORT DATED 10/03/2000 FILED BY R3 BEFORE JFCM COURT, CHANGANACHERRY. P4 : COPY OF THE ORDER DATED 04/09/2000 IN CMP NO.41718/2000 IN OP NO.14462/2000 OF THIS HONOURABLE COURT. P5 : COPY OF THE ORDER DATED 24/11/2000 IN CMP NO.56142/2000 IN OP NO.14462/2000 OF THIS HONOURABLE COURT. P6 : COPY OF THE ORDER DATED 07/08/2003 IN INDI.O.P. NO.7/2001 OF THE PRINCIPAL SUB COURT, KOTTAYAM. P7 : COPY OF THE JUDGMENT IN C.C.NO.571/2000 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHANGANACHERRY DATED 30/08/2005. //TRUE COPY// PA TO JUDGE. jg S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.34949 OF 2005 ---------------------------------------- Dated this the 22nd day of August, 2008 JUDGMENT The petitioners are man and wife. The first petitioner is stated to have purchased a lottery ticket of Kairali Lottery conducted by the Government of Kerala. The said ticket secured first prize amount of Rs. 25 lakhs and a Maruthi Car. The petitioners presented the ticket before the 5th respondent on 29.11.99 for release of the prize amount. After 72 days, the 4th respondent raised a claim that the ticket was purchased by the 1st petitioner and the 4th respondent jointly with equal contributions and therefore, the 4th respondent is entitled to half of the prize. The 4th respondent also filed a criminal case before the I Class Magistrate, Changanassery. After investigation, the police filed a refer report on the basis of which the case was closed. In the meanwhile, the petitioners filed O.P.No.14462/2000 for depositing the prize amount in the 5th respondent’s bank and to release 50% of the prize amount to the petitioners. Accordingly, as per Exts.P4 and P5 orders of this Court, 50% of the prize W.P.(c)No.34949/05 2 amount and the value of the car were directed to be disbursed to the petitioners and the balance was directed to be deposited in the 5th respondent’s bank. Subsequently in terms of the interim orders, the writ petition was closed. Thereupon, the 4th respondent filed a suit before Sub Court, Kottayam claiming 50% of the amount as also a Criminal Complaint before the Judicial First Class Magistrate Court, Changanassery both of which were dismissed by Exts.P6 and P7 judgments. As such, according to the petitioners, the 4th respondent miserably failed to prove any right to the prize amount and therefore, the petitioners are entitled to the following reliefs: “i. Call for the records leading to Exts.P1 to P7 and; ii. Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the 5 th respondent to release balance 50% of Ext.P1 prize amount to the petitioners. iii. To declare that the petitioners are entitled for the balance 50% Ext.P1 prize amount which is kept in a Fixed Deposit as per Exts.P4 and P5 orders of this Hon'ble Court”. Although the 4th respondent entered appearance and sought time to file counter affidavit, the 4th respondent has not cared to file any counter affidavit. That being so the averments of the petitioners in the writ petition stand uncontroverted. The W.P.(c)No.34949/05 3 counter affidavit filed on behalf of respondents 1 and 2 does not state anything as to the inter se claim between the petitioners and the 4th respondent but is confined to the facts relating to deposit of the amount in the 5th respondent’s bank. In the absence of any counter affidavit filed by the 4th respondent, I must assume that the averments of the petitioners in the writ petition as to the entitlement for the prize amounts have to be accepted as uncontroverted. That being so the petitioners have become entitled to the reliefs prayed for in this writ petition. Accordingly I direct the 5th respondent to release the amount, now credited in the account with them, deposited as per directions of this Court in O.P.No.14462/2000, within a period of one month from today, in respect of which, there would be a declaration that the petitioners alone are entitled to receive the same, to the exclusion of the 4th respondent. The writ petition is allowed as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.34949/05 4