IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 7507 of 2011(K) ------------------------------------- PETITIONER(S): ------------------------ MRS.LEENA AUGUSTINE, W/O. AUGUSTINE KURIAKOSE, PUTHUMANA HOUSE, CHUNGAM, KOLANI.P.O, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.695 001. 2. SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.695 001. 3. THE DIRECTOR OF STATE LOTTERIES, DIRECTORATE OF STATE LOTTERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM. 695 001. 4. BIJU PRABHAKARAN,THE DIRECTOR OF STATE LOTTERIES, DIRECTORATE OF STATE LOTTERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM.695 001. 5. DEVDHAN LOTTERY SERVICES (DLS), 39/76, D1, 3RD FLOOR, BHARTHI BUILDINGS, MAHAKAVI G. ROAD, ERNAKULAM - 682 011. R1 & R3 BY GOVT. PLEADER SRI.JAIBY PAUL ADV. SRI.P.K.VIJAYAMOHANAN FOR R5 SRI.GILBERT GEORGE CORREYA FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.7507/2011 APPENDIX P1:- COPY OF THE TERMS AND CONDITIONS IN THE APPLICATION FORM SUBMITTED BY THE PETITIONR TO THE 5TH RESPONDENT. P2:- COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED TO THE PETITIONER. P3:- COPY OF THE PRINT OUT OBTAINED BY THE PETITIONER FOR THE PERIOD FROM NOVEMBER 7 TO 13TH. P4:- COPY OF THE COVERING LETTER DT.D 30.11.2010 FORWARDED BY THE BRANCH MANAGER THODUPUZHA BRANCH OF THE FEDERAL BANK TO THE SR.MANAGER SERVICE BRANCH, TRIVANDRUM. P5:- COPY OF THE NEWS ITEM IN MALAYALA MANORAMA DAILY. P6:- COPY OF THE LETTER DTD. 3.12.2010 SENT BY THE DIRECTOR OF STATE LOTTERY. P7:- COPY OF THE STAMPED RECEIPT FORWARDED TO THE DIRECTOR OF LOTTERIES. P8:- COPY OF THE CONSENT LETTER FORWARDED TO THE DIRECTOR OF LOTTERIES. P9:- COPY OF THE NOTICE DTD. 5.2.2011 SENT BY THE DIRECTOR OF LOTTERIES TO THE PETITIONER. P10:- COPY OF THE NOTICE SENT ON BEHALF OF THE PETITIONER TO THE DIRECTOR OF LOTTERIES. P11:- COPY OF THE LOTTERY TICKET WON BY THE PETITIONER. P12:- COPY OF THE KERALA PAPER LOTTERIES (REGULATION) AMENDMENT RULES 2011 NOTIFIED AS PER G.O.(P) 14/2011/TD DTD. 28.1.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 7507 OF 2011 ----------------------------------------------------- Dated this the 18th day of August , 2011 J U D G M E N T Petitioner joined Jyothis Project organized by the 5th respondent on 13.7.2010. It appears that as per the agreement between the parties, the 5th respondent would purchase Kerala State Government Lottery tickets on behalf of the petitioner and the ticket numbers will be intimated to the petitioner ahead of the draw and the tickets would be kept in safe custody by the 5th respondent. The ticket purchased by the petitioner won the first prize of Rs.40 lakhs and 50 sovereigns in the 73rd draw of Win-Win Lottery conducted by the first respondent. Petitioner submitted the original lottery tickets and all other documents as directed by the 2nd respondent to the 3rd respondent. However, the prize was not disbursed that led the petitioner to file this writ petition. W.P.(C) No. 7507 OF 2011 :2 : 2. Although various prayers including those impugning the validity of Kerala Paper Lotteries (Regulation) Amendment Rules has been raised in this writ petition, in the nature of the contentions raised in the counter affidavit, none of these reliefs are pressed and what is sought for by the petitioner is a direction to the 3rd respondent to disburse to her the prize money of Rs.40 lakhs together with 50 sovereigns of gold payable to ticket No.WX 127960. 3. Counter affidavit has been filed by respondents 1 and 2. Paragraph 3 of the counter affidavit reads as thus: “It is true that genuineness of the ticket was ascertained by the 3rd respondent and found to be genuine.” 4. In paragraph 4 the first sentence reads thus: “There is no objection to disburse the amount plus gold to the prize winner.” W.P.(C) No. 7507 OF 2011 :3 : 5. Again paragraph 20 of the counter affidavit reads thus: “There is no denial of prize claim to the petitioner. The payment is withheld only for verifying the genuineness of the prize winner and her nexus with the promoters of the Jyothis project, which is under investigation. If nothing adverse is found out, the prizes are immediately disbursed. Hence in this case the question is whether she have obtained the ticket in a lawful manner. Once the investigation is over and the genuineness is ascertained, the prize amount will be disbursed. On the other hand, if the Honourable High Court issues any order, in favour or against the promoters of Jyothis, the claim of the petitioner will automatically be discharged.” W.P.(C) No. 7507 OF 2011 :4 : 6. The fact that commission has been paid to the 5th respondent, the agent is also admitted in paragraph 21 of the counter affidavit. 7. Thus the fact that the petitioner's Lottery ticket has won the first prize is undisputed, the genuinenesses of the ticket is also undisputed and the respondents have no objection in disbursing the prize money to the petitioner. The only stumbling block, according to them, is the on going investigation against the promoters of Jyothis Lottery whose agent was the 5th respondent. In my view the on going investigation is absolutely irrelevant while determining the liability of the petitioner to have the prize amount disbursed. So long as there is no allegation against the petitioner and since the genuineness of the claim made by the petitioner and the ticket presented by the petitioner are undisputed, I see absolutely no justification in non disbursement of the prize money which W.P.(C) No. 7507 OF 2011 :5 : ought to have disbursed immediately after the draw which was held on 10.11.2010. As the disbursement is already delayed, I direct respondents 2 and 3 that the prize money shall be disbursed to the petitioner within three weeks of the production of a copy of this judgment. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-