Kerala High Court
Vijayan G vs The Director Of State Lotteries on 24 February, 2023
W.P.(C). No.1665/2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
WP(C) NO. 1665 OF 2023
PETITIONER:
VIJAYAN G
AGED 61 YEARS
THOZHUTHUPARAMBIL HOUSE , KUTTIPUZHA, KUNNUKARA. P.O,
ERNAKULAM, PIN - 683578
BY ADVS.
SAGITH KUMAR V.
C.B.SREEKUMAR
RESPONDENTS:
1 THE DIRECTOR OF STATE LOTTERIES
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033
2 DIRECTORATE OF STATE LOTTERIES
VIKAS BHAVAN P O, THIRUVANANTHAPURAM, PIN - 695033
3 STATION HOUSE OFFICER
INFOPARK PS, RAJAGIRIVALLEY PO, NILAMPATHINJIMUGAL,
KAKKANAD, KOCHI, PIN - 682039
BY SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.1665/2023 2
JUDGMENT
Dated this the 24th day of February, 2023
This writ petition is filed by the petitioner seeking the following reliefs:
i) Issue a Writ of Mandamus to direct the 1st respondent to consider Exhibit.P4
representation within a time frame fixed by this Hon'ble Court.
ii) To direct the 3rd respondent to consider Exhibit P3 petition and launch FIR and
conduct inquiry within a time frame fixed by this Hon'ble Court.
iii) Dispense with filing of the translation of vernacular documents
iv) Grant such other and further relief which this Hon'ble Court may deem fit in
the fact and circumstances of the case.
2. The subject issue relates to the claim raised by the petitioner in a prized
lottery bearing No.MA 235610 conducted by the State Government. The draw
was held on 17.7.2022. According to the petitioner, he lost the ticket by theft
and has clear reasons to say it was done by his friend. Thereupon, petitioner has
sent a complaint to the Director of State Lotteries - the 1 st respondent, and the
Stations House Officer, Infopark Police Station, Kakkanad, Kochi - the 2 nd
respondent, however, no action was taken. It is in the above background, the
writ petition is filed.
3. The first respondent has filed a detailed counter affidavit refuting the
claims and demands raised by the petitioner and also narrating the manner in
which a claim with respect to a prized lottery is to be considered in terms of the
provisions of the Kerala Paper Lottery Regulations Rules, 2005. In order to have
a proper appreciation of the contentions raised by the petitioner, it is better that
relevant portion of the counter affidavit is extracted, which reads thus:
"2. It is submitted that Kerala State Lottery is a fair & honest scheme that
always strives to ensure the highest level of integrity. In order to keep its
goodwill and reputation it is a necessity to disburse the prizes to the prize winner
without any unnecessary interruptions, especially when it is common that from
the department's experience, whenever a ticket is prized, to bargain with the
winner or with some other mala fide intentions bogus petitions are being raised.
Before the payment of lottery prize money in each winning case, the department
strive to ensure the following matter:
a). Whether the prize winner submitted the prize won ticket with all
necessary documents in terms of Rule 9(3) of Kerala Paper Lottery
Regulation Rules 2005 and Amendment Rules. True copy of the
relevant pages of the Rule 9(3) of Kerala Paper Lottery Regulation
Rules 2005 and Amendment Rules is produced herewith and marked as
Exhibit R1(a).
b). Before Issuing the receipt to the party the prize winning tickets that
produced for payment are electronically verified by LOTIS software to
ascertain its genuineness.
c). In addition to that in the case of prize winning ticket worth 10,000/-
and above, the original prize tickets are double checked manually with
the corresponding counterfoils toward off possible malpractices &
forgery.
3. On verification as per the above procedures, it was found that the 1 st
prize winning ticket of Monsoon Bumper (Ticket Number MA 235610)
submitted for prize claim on 29.07.2022 was genuine and no such
signature, other marking or correction symbols were found in the ticket
and thus the 1st prize winning ticket of Monsoon Bumper (Ticket No. MA
235610) duly attested after writing the name and on address on the
reverse side of the ticket with all supporting documents by the prize
winner received in this office on 29.07.2022 were thoroughly verified
and prize payment proceedings was approved by 03.09.2022 and
handed over to the accounts section for prize payment on 06.09.2022
and subsequently the amount credited to the prize winners Bank
account on 16.09.2022."
4. It is pertinent to note that the complaint from the petitioner was
received in the Department on 13.09.2022 only after the prize money
sanctioned to the prize winner who produced the original ticket with all
relevant documents as prescribed under the Kerala Paper Lottery
Regulation Rules 2005. Thus the department has nothing to proceed with
the complaint received from the petitioner and a reply in that regard had
been sent to the petitioner, a copy of the letter dated 21.01.2023 issued
by the Deputy Director (Prize Section), Directorate of State Lotteries is
enclosed herewith and marked as Exhibit R1(b).
4. It is clear from the affidavit filed that even prior to the filing of the
complaint, the amount was released to the person, who has produced the lottery
ticket before the authority. That apart, even going by the contentions raised by the
petitioner, it is quite clear and evident that the contentions are surrounded by
various factual circumstances; and without adjudication of the factual
circumstances and the contentions raised by the petitioner by a fact finding body,
no logical decision can be arrived at. A writ court is not expected to consider
disputed issues and complex facts raised in a writ petition looking upon the
photocopy of the documents and render a verdict in the issues . This is more so in
the case at hand since the contentions are absolutely revolving around complex
and complicated facts; and the petitioner could not even produce a semblance of
any proof to establish even a prima facie case.aj
5. Therefore, after having heard learned counsel for petitioner
Sri.C.B.Sreekumar and learned Senior Government Pleader Smt.Deepa Narayanan,
I am of the view that the petitioner has not made out any case of illegality or
arbitrariness on the part of the respondents in releasing prized money to the
person, who has produced the ticket before the authority.
The writ petition fails, accordingly it is dismissed.
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX OF WP(C) 1665/2023
PETITIONER'S EXHIBITS
Exhibit P1 LOTTERY DRAW RESULT DATED 17/07/2022
Exhibit P2 THE TRUE COPY OF THE COMPLAINT MAIL DATED
12/08/2022 AND REPLY DATED 16/08/2022
Exhibit P3 TRUE COPY OF THE COMPLAINT TO 3RD RESPONDENT
AND THE ACKNOWLEDGEMENT RECEIPT DATED
27/09/2022
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 06/09/2022
AND THE ACKNOWLEDGEMENT
Exhibit P5 TRUE COPY OF THE EMAIL DATED 29/09/2022
RESPONDENTS' EXHIBITS
Exhibit R1(a) True copy of the relevant pages of the Rule
9(3) of Kerala Paper Lottery Regulation Rules
2005 and Amendment Rules
Exhibit R1(b) True copy of the letter dated 21-01-2023
issued by the Deputy Director( Prize
Section), Directorate Of State Lottery
