IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 13116 of 2010(L) ------------------------------------ PETITIONER(S): --------------------- ABDULLA,AGED 36 YEARS,IRINGANNOOR, S/O.AMMAD HAJI,VALIAKUNNUMMEL,VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.JOBY JACOB PULICKEKUDY RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY ITS CHIEF SECRETARY,SECRETARIATE,THIRUVANANTHAPURAM. 2. THE DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM,REP.BY ITS MANAGING DIRECTOR. 3. THE DIRECTOR GRAND KERALA SHOPPING FESTIVAL,OFFICE OF THE ADDITIONAL DIRECTOR (GENERAL),DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM. 4. THE ADDITIONAL DIRECTOR(GENERAL), DEPARTMENT OF TOURISM,THIRUVANANTHAPURAM. 5. FEDERAL BANK LTD,MAVOOR ROAD BRANCH, GROUND FLOOR,FEDERAL TOWERS,MAVOOR ROAD, KOZHIKODE. R1 BY SMT.ROSE MICHAEL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 3 /12 /2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS WPC.NO.13116/2010 APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE BILL DATED 18.12.2009. P2: COPY OF THE LETTER DATED 16.2.2010. P3: COPY OF THE LETTER DATED 12.3.2010. P4: COPY OF THE LETTER DATED 23.3.2010. P5: COPY OF THE ACKNOWLEDGMENT CARD. P6: PHOTOCOPY OF THE MEGA DRAW RESULTS PUBLISHED IN THE WEB SITE. P7: PHOTOCOPY OF THE RELAVANT PORTION OF TERMS AND CONDITIONS FOR WINNERS. P8: PHOTOCOPY OF THE PAGES CONTAINING RULES AND REGULATIONS FOR GRAND KERALA SHOPPING FESTIVAL 2011-2012. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE AS C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 13116 of 2010 --------------------------------- Dated this the 14th day of December, 2011 JUDGMENT This writ petition is filed seeking direction for release of the first Mega prize of “Grand Kerala Shopping Festival” conducted during the period from 1.1.2009 to 15.1.2010, to the petitioner, without insisting for production of the original coupon, which allegedly was lost irrecoverably from his custody. As per Ext.P1 Bill the petitioner had purchased an Air Conditioner with its Accessories from a shop at Kannur on 18.12.2009. The shop being an establishment registered under the scheme had issued a coupon to the petitioner bearing No.2063095, on the petitioner filling his name, address and telephone number on its counter foil which was kept by the shop owner. In the draw conducted on 26.1.2010, coupon No.2063095 was selected as winning the Mega prize of 1 kg. of Gold. The authorities have traced out the petitioner from the name, address and mobile number noted on the counter foil. Thereupon the petitioner was invited to a function convened at Kollam wherein the Honourable Minister for WPC.13116/2010 2 Finance had presented a symbolic model of the mega first prize to the petitioner. Thereafter Ext.P2 letter was issued to the petitioner by the 3rd respondent enclosing a proforma which was required to be furnished to the designated branch of the 5th respondent Bank for securing the prize. But the Bank insisted upon the petitioner for production of original of the winning coupon, which according to him was irrecoverably lost from custody. Since the disbursal of the prize was withheld for want of production of the original coupon, the petitioner addressed Exts.P3 and P4 representations to the 3rd respondent, seeking directions to the Bank for release of the Mega prize . Being aggrieved by inaction on the part of the 4th respondent this writ petition is filed. 2. In the counter affidavit filed on behalf of the 1st respondent it is stated that the original coupon and bill of purchase issued from the concerned shop need be submitted at the designated branch of the 5th respondent Bank for collecting the gifts/prizes. It is further stated that production of the original coupon is mandatory since the accounts will be subjected to WPC.13116/2010 3 statutory audit by Government agencies. The prize cannot be given to the petitioner since he had failed to produce the original coupon, is the contention. It is further stated that Rules and Regulations for distributing prize was given wide publicity and the original coupon being the prime document has to be submitted along with the original bill issued from the concerned shop to the bank, along with proof of identity of the winner for collecting the prize. Since the original coupon was not available with the petitioner the prize cannot be disbursed is the contention. 3. The petitioner had produced Ext.P7, which is a print out of the Rules and Regulations with respect to the “Grand Kerala Shopping Festival” for the year 2010. The terms and conditions contained include the following: “The winner will be intimated through advertisement in print and visual media. The disbursement of the gift to the winner is subject to verification of the coupon and the invoice of the purchase. All taxes will be payable in advance as per applicable to Government laws.” WPC.13116/2010 4 4. The terms and conditions also says that the decision of the organisations will be final and binding and any correspondence regarding this will not be entertained. The petitioner had further produced Ext.P8 which is the Rules and Regulations pertaining to the scheme for the subsequent year of 2011-12. The relevant terms and conditions prescribed therein is as follows:- “ South Indian Bank will distribute the gold prizes to eligible winners on production of ID proof of winner ( like passport, Driving Licence, Voters card, ID card issued by Government Departments), original bill purchased from MES, original coupon, copy of PAN card, other details for ensuring the identity and eligibility of the winner.” 5. Learned counsel for the petitioner contended that the respondents themselves have identified the petitioner as winner of the Mega prize, from the counter foil of the coupon which was retained at the shop in question. Having been declared that the petitioner is the winner and having been conferred him with the prize symbolically in a function organised in which the WPC.13116/2010 5 Honourable Minister had participated, it is not justified on the part of the respondents to turn around in denying the prize to the petitioner. Learned counsel contended that the action in this regard will be hit by principles of promissory estoppal. It is also contended that identity of the petitioner as the winner has already been accepted on the basis of the counter foil of the coupon as well as on the basis of the original of the purchase Bill, which the petitioner had in his possession. The petitioner had also produced proof regarding his identity and all other requisite documents except original of the coupon. Since there is no dispute regarding identity of the winner the denial of the prize, merely on the ground that he had lost possession of original of the coupon, cannot be justified. Learned counsel also pointed out the difference between the terms and conditions in relation to the scheme for the year 2009-10 and 2011-12. Since Ext.P6 does not insist on production of original of the coupon as a condition for payment of the winning prize, the denial is not justified, is the contention. 6. Having considered the rival contentions, I am of the WPC.13116/2010 6 view that the respondents 1 to 4 have not taken any decision on the issue. It is for the respondents to consider the claim of the petitioner, taking note of all facts and circumstances as narrated above. It is evident that, eventhough the petitioner had submitted Exts.P3 and P4 representations before the 3rd respondent, no decision was taken in this regard after considering such representations. It is for the Government to decide whether the denial of the prize to the petitioner is justified after being identified him as the winner and after being declared and awarded with such prize symbolically. It is for the Government to consider as to whether the prize can be disbursed to him on the basis of other materials which are available to indicate that he was the winner. Therefore the interest of justice will be served if the State of Kerala represented by its Secretary to the Tourism Department is directed to consider the issue and to take a decision . 7. Therefore the writ petition is disposed of directing the 3rd respondent to forward the files pertaining to the issue, including Exts.P3 and P4 representations, for consideration of the WPC.13116/2010 7 Secretary of the Tourism Department, State of Kerala, forthwith on receipt of the copy of this judgment. The 1st respondent represented through the Secretary of the Tourism Department is directed to consider the matter and to take a decision thereof with respect to disbursal of the Mega prize to the petitioner, after affording an opportunity of personal hearing to him. 8. A decision in this regard shall be taken at the earliest, at any rate within a period of two months from the date of receipt of a copy of this judgment. C.K.ABDUL REHIM,JUDGE pmn/ WPC.13116/2010 8 WPC.13116/2010 9