Shibu.P vs State Of Kerala
2021 Latest Caselaw 9356 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.7097 OF 2021(J)


PETITIONER:

               SHIBU.P
               AGED 49 YEARS
               S/O. GOPALAN, PARAYIL HOUSE, VAZHITHALA P.O.,
               PURAPPUZHA VILLAGE, THODUPUZHA TALUK,
               IDUKKI DISTRICT-685 583

               BY ADVS.
               SRI.GEORGE MATHEW
               SRI.M.D.SASIKUMARAN
               SHRI.PRAVEEN S.
               SHRI.SUNIL KUMAR A.G
               SRI.DIPU JAMES
               SHRI.MATHEW K.T.
               SHRI.GEORGE K.V.
               SHRI.STEPHY K REGI

RESPONDENTS:

      1        STATE OF KERALA
               REP BY ITS SECRETARY, TAXES DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001

      2        THE DIRECTOR OF STATE LOTTERIES,
               DIRECTORATE OF LOTTERIES,
               PUBLIC OFFICE BUILDINGS, VIKAS BHAVAN,
               THIRUVANANTHAPURAM-695 033

      3        DISTRICT LOTTERY OFFICER,
               MINI CIVIL STATION, THODUPUZHA P.O.,
               IDUKKI DISTRICT-685 584


OTHER PRESENT:

               GP, SMT.PRINCY XAVIER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7097 OF 2021(J)

                                  2




                        J U D G M E N T

Petitioner, who is aggrieved by Ext.P1 order by

which his Agency for sale of Paper Lotteries has

been suspended on 09.02.2021 as per Rule 5(5) of

Kerala Paper Lottery (Regulation) Rules 2005. Ext.P1

itself provides that petitioner has got an appellate

remedy within a period of 30 days under Rule 5(6) of

the Kerala Paper Lottery (Regulation) Rules 2005

before the Government. Petitioner has submitted

Ext.P2 appeal on 11.02.2021. He is aggrieved by the

delay and disposal of the same.

2. Petitioner has also prayed for a stay of

operation of Ext.P1 order along with Ext.P2 appeal.

Therefore, the writ petition is disposed of

directing the first respondent to consider and pass

orders on Ext.P2 appeal after affording an

opportunity of hearing to the petitioner within a

period of 'two months' from the date of receipt of a WP(C).No.7097 OF 2021(J)

copy of the judgment. In the meanwhile the first

respondent shall consider the application for stay

submitted by petitioner in Ext.P2 and pass order on

the same within a period of 'three weeks' from the

date of receipt of a copy of the judgment.

Sd/-

P.V.ASHA, JUDGE

AS WP(C).No.7097 OF 2021(J)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER NO.SL TY/189/2021-

S1 DTD 09.02.2021 ISSUED BY 2ND RESPONDENT TO PETITIONER

EXHIBIT P2 TRUE COPY OF APPEAL MEMORANDUM DTD 11.02.2021 FILED BY PETITIONER BEFORE 1ST RESPONDENT