IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 35793 of 2003(J) -------------------------- PETITIONER(S): --------------- P.MURALEEDHARAN, MANAGING PARTNER, C-1362, MANJU AND COMPANY, KANNUR. BY ADV. SRI.GEORGE POONTHOTTAM SRI.N.M.MADHU RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY ITS SECRETARY TO TAXES, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF KERALA STATE LOTTEIRS, THIRUVANANTHAPURAM. 3. THE DISTRICT LOTTERY OFFICER, KOZHIKODE. GOVT. PLEADER SHRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 35793/2003 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CONDITIONS IN THE TICKET. P2. COPY OF THE LETTER DTD.13.11.02 BY R1. P3. COPY OF THE CIRCULAR BY R2. P4. COPY OF THE LETTER DTD.22.1.2003 BY R2. P5. COPY OF THE NOTICE DTD.25.3.03 BY R2. P6. COPY OF THE REPLY OF THE PETITIONER DTD.7.5.03. P7. COPY OF THE DEMAND NOTICE DTD.20.6.03. P8. COPY OF THE ORDER DTD.15.3.04. RESPONDENT(S)' EXHIBITS: NIL. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.35793 of 2003 ================== Dated this the 20th day of July, 2010 J U D G M E N T The fortuitous circumstances, under which, a lottery agent, who could not sell tickets and became entitled to prize for those tickets, are tried to be taken advantage of by that lottery agent claiming a further prize by way of seller's bonus, in this writ petition. The petitioner is a lottery agent. He purchased lottery tickets from the Government. Several tickets which remained with him without sale, won prizes in various draws. Prizes of those tickets were claimed by the petitioner. He also got agent's bonus in respect thereof for those prize winning tickets. According to the petitioner, as per the terms and conditions printed in the lottery ticket, out of the total prize amount, for the first, second and third prizes, 5% would be deducted as agent's bonus and 5% as seller's buns. According to the petitioner, as per the rules applicable, seller's bonus is payable to the person who produces the counterfoil of the winning ticket. Since both the counter foil and the winning ticket are with the petitioner, the petitioner is entitled to the seller's bonus also, is the contention raised. The petitioner, therefore seeks the following reliefs: “(i) To call for the entire records leading to Ext.P2 to P7 and issue a writ of Certiorari or any other appropriate writ order or direction quashing Exts.P2, P5 and P7. w.p.c.35793/03 2 (ii) To issue a writ of declaration or any other appropriate writ or order declaring that the petitioner is entitled for getting the sellers bonus on the prize winning ticket remained with the petitioner.” 2. The Rules regarding grant of seller's bonus are not produced before me. Even according to the petitioner, the rules applicable do not prescribe as to who is entitled to the seller's bonus. According to him, what the rule says is that the person who produces the counterfoil of the prize winning ticket would be given seller's bonus. That being so, I have to consider the eligibility for the seller's bonus based on the natural meaning of the expression 'seller's bonus'. The seller in respect of lottery tickets is the one who sells the tickets. Therefore, the eligibility condition for becoming eligible for seller's bonus is that the ticket should have been sold by a seller and that the seller would be entitled to the seller's bonus. The petitioner does not have a case that the petitioner has sold the tickets, for which he is claiming seller's bonus. Therefore, the petitioner does not become eligible for seller's bonus. The rule regarding production of counterfoil is only intended as a mode of proof of sale of ticket and not the eligibility condition for the seller's bonus, in the same way as production of the ticket is the mode of proof of buying the ticket. In this connection it should be remembered that in respect of the same tickets, the petitioner himself has got prizes as well as agent's bonus. The seller's bonus is given apparently for the purpose of encouraging w.p.c.35793/03 3 sale of lottery tickets. Then it would be counter productive to give seller's bonus in respect of the tickets which were not sold. That being so, I am satisfied that the petitioner is not entitled to seller's bonus also in respect of the tickets for which the petitioner got prizes, as claimed by the petitioner. Therefore, there is no merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge