Kerala High Court
Vijayaraghavan. P vs State Of Kerala on 19 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.1086 OF 2021(I)
PETITIONER:
VIJAYARAGHAVAN. P
AGED 61 YEARS
S/O. E.GOPALAN NAIR, ELAYATT HOUSE, VALANCHERY P.O.,
-676552, MALAPPURAM DISTRICT.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.RIJI RAJENDRAN
SMT.NISHA GEORGE
SRI.S.KABEER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF
FINANCE, (DEPARTMENT OF LOTTERIES),
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF LOTTERIES,
DIRECTORATE OF STATE LOTTERIES, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695033.
3 DISTRICT LOTTERY OFFICER,
DISTRICT LOTTERY OFFICE, CIVIL STATION, MALAPPURAM-
679001.
4 KERALA STATE LOTTERY - SUB - OFFICE,
TIRUR, MALAPPURAM DISTRICT-676101.
SMT.VINITHA.B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1086 OF 2021(I)
2
JUDGMENT
Dated this the 19th day of February 2021
The petitioner who is a lottery agent since
1980 is aggrieved by the refusal on the part of
the respondents in encashing the prized lottery
tickets.
2. It is stated that the lottery agents are
entitled to encash the prize money after
submitting the tickets which won the prizes. It
is stated that during the month of September,
2020, 147 tickets sold by the petitioner won
prize. According to the petitioner, he is
entitled to collect prized tickets from the
winners and to present the same for payment
before the lottery department and collect the
prize money as per Regulation 9. Petitioner
submits that he was not able to submit the
collected tickets for encashing the prize money,
since some of the places around his residence
were declared as containment zone. It is stated
WP(C).No.1086 OF 2021(I)
that thereafter, the office in which the tickets
were to be submitted was also declared to be in
a containment zone. After that the petitioner
as well as the members of his family were tested
COVID positive as seen from Exts.P1 to P3
series. It is stated that the petitioner could
approach the 4th respondent only thereafter in
December, 2020. On the basis of the directions
from the 4th respondent, the petitioner
approached the 3rd respondent and thereafter the
2nd respondent. However, the tickets are not
encashed saying that the time for submission of
the tickets is over. Producing Ext.P4 series of
tickets which won prize money amounting to
Rs.2,02,100/-, the petitioner submits that he is
entitled to get the tickets encashed and the
denial of the same is arbitrary, since, the
petitioner was disabled from approaching the
competent authorities in time because of the
unforeseen circumstances on account of COVID-19
pandemic.
WP(C).No.1086 OF 2021(I)
3. The learned Government Pleader submits
that the payment was denied only in accordance
with the Kerala Paper Lotteries (Regulation)
Rules, 2005. It is pointed out that the
District Lottery officer can condone the delay
only up to 30 days and the Director can condone
the delay only up to 45 days. It is also pointed
out that the Government can condone the delay
for a period of one year from the date of draw.
The learned Government Pleader on instructions
submits that the petitioner has collected
lottery tickets during the period when he is
alleged to have been in containment
zone/affected by COVID-19 and the petitioner
could have collected the amount at the relevant
time.
4. It would appear that collection of
tickets from one or other offices, need not be
done directly. However it is seen that the
regulations provide for encashment of the
tickets which have won prize and the Government
WP(C).No.1086 OF 2021(I)
has got the power to condone the delay up to one
year. Even assuming that the contention of the
respondents that petitioner collected lottery
tickets during the relevant period is correct,
that cannot stand in the way of the right of
petitioner to encash the prize money.
5. Under Rule 9(10), the Government can
condone the delay up to one year. The claim of
the petitioner that, he was in a containment
zone and thereafter the offices were in a
containment zone and the entire family of the
petitioner were tested COVID-19 positive are all
factors which the Government has to consider in
the prevailing circumstances which prevented the
petitioner from approaching the respondents at
the relevant time.
6. Therefore, the petitioner shall approach
the Government with an application to condone
the delay along with relevant documents in
support of his claim. As there is no dispute
with respect to the prize won by lottery tickets
WP(C).No.1086 OF 2021(I)
sold by him, it is only appropriate that the
amount due to the petitioner towards such
tickets are encashed to him, in accordance with
law. In case the petitioner submits the said
representation before the Government within a
period of ten days from the date of receipt of a
copy of the judgment, the Government shall take
appropriate action for considering the same and
for encashment in accordance with the Rules,
within a further period of two months.
Sd/-
P.V.ASHA
JUDGE
DM
WP(C).No.1086 OF 2021(I)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COVID TEST RESULT OF
THE PETITIONER DATED 13.11.2020.
EXHIBIT P1(A) TRUE COPY OF THE COVID TEST RESULT OF
THE PETITIONER'S WIFE DATED
06.11.2020.
EXHIBIT P(B) TRUE COPY OF THE COVID TEST RESULT OF
THE PETITIONER'S DAUGHTER DATED
6.11.2020.
EXHIBIT P2 TRUE COPY OF THE DISCHARGE SHEET OF
THE PETITIONER'S DAUGHTER SMT.
SUCHITHRA DATED 12.11.2020 ISSUED
FROM NADAKKAVIL HOSPITAL, VALANCHERY.
EXHIBIT P3 TRUE COPY OF THE COVID TEST RESULT OF
THE PETITIONER'S MOTHER
SMT.NARAYANIKUTTY AMMA DATED
12.11.2020.
EXHIBIT P3(A) TRUE COPY OF THE DISCHARGE SUMMARY OF
THE PETITIONER'S MOTHER SMT.
NARAYANIKUTTY AMMA DATED 12.11.2020
ISSUED FROM NADAKKAVIL HOSPITAL,
VALANCHERY.
EXHIBIT P3(B) TRUE COPY OF THE DISCHARGE SUMMARY OF
THE PETITIONER'S MOTHER
SMT.NARAYANIKUTTY AMMA DATED
28.11.2020 ISSUED FROM NADAKKAVIL
HOSPITAL, VALANCHERY.
EXHIBIT P4 TRUE COPY OF THE FORM/RECEIPT DATED
30.12.2020 FOR AN AMOUNT OF
RS.40,000/- SUBMITTED BY THE
PETITIONER.
EXHIBIT P4(A) TRUE COPY OF THE FORM/RECEIPT DATED
30.12.2020 FOR AN AMOUNT OF
RS.11,100/- SUBMITTED BY THE
PETITIONER.
EXHIBIT P4(B) TRUE COPY OF THE FORM/RECEIPT DATED
30.12.2020 FOR AN AMOUNT OF RS.300/-
WP(C).No.1086 OF 2021(I)
SUBMITTED BY THE PETITIONER.
EXHIBIT P4(C) TRUE COPY OF THE FORM/RECEIPT DATED
30.12.2020 FOR AN AMOUNT OF
RS.95,000/-SUBMITTED BY THE
PETITIONER.
EXHIBIT P4(D) TRUE COPY OF THE FORM/RECEIPT DATED
30.12.2020 FOR AN AMOUNT OF
RS.55,700/- SUBMITTED BY THE
PETITIONER.
