Kerala High Court
Kerala State Lottery Agents And Sellers ... vs C.N. Purushothaman on 22 October, 2024
2024:KER:79804
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WA NO.1580 OF 2024
JUDGMENT DATED 28.3.2023 IN WP(C) NO.22362 OF 2022 OF
HIGH COURT OF KERALA
-----------------
APPELLANT/RESPONDENTS 2-3 :-
1 KERALA STATE LOTTERY AGENTS AND SELLERS WELFARE BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, KERALA STATE
LOTTERY AGENTS AND SELLERS WELFARE BOARD, 6TH FLOOR, KSRTC
BUILDING, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695 002
2 WELFARE OFFICER,
KERALA STATE LOTTERY AGENTS AND SELLERS WELFARE BOARD, 6TH
FLOOR, KSRTC BUILDING, THAMPANOOR, THIRUVANANTHAPURAM, PIN -
695 002
BY ADVS.
S.R.PRASANTH, SC, KERALA STATE LOTTERY AGENTS AND SELLER'S
WELFARE FUND BOARD
BHANU THILAK
VISHNU.R
RESPONDENTS/PETITIONER & 1ST RESPONDENT :-
1 C.N. PURUSHOTHAMAN, AGED 70 YEARS
S/O.NANU VAIDYAR, RESIDING AT PRANAMAM, AYYAMBILLIKAVU,
EROOR P.O, THRIPUNITHARA, ERNAKULAM, PIN - 682 306
2 GEETHA,
W/O PURUSHOTHAMAN, AGED 58 YEARS, RESIDING AT PRANAMAM,
AYYAMBILLIKAVU, EROOR P.O,
THRIPUNITHARA, ERNAKULAM, PIN - 682 306
3 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY(TAXES),
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 002
SRI T V JAYAKUMAR NAMBOODIRI,
SRI K P HAREESH, SR GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22.10.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WA NO.1580 OF 2024
-: 2 :-
JUDGMENT
Dated this the 22nd day of October, 2024
Nitin Jamdar, C.J.
Heard Smt. Bhanu Thilak, learned counsel for the Appellants,
Sri. T.V. Jayakumar Namboodiri, learned counsel for Respondent Nos.1
and 2/Original Petitioners and Sri. K.P.Harish, learned Senior Government
Pleader.
2. The Respondent Nos.1 and 2/Original Petitioners had sought a
direction in the writ petition to the Appellants/Respondent Nos.2 and 3 to
implement a communication dated 25 April 2022 - Ext.P7 in the writ
petition. This communication addressed by the Appellant Board informed
the Petitioners that the Appellant Board in its meeting has decided that the
profit share of Vishu Bumper lottery shall be used for giving financial
assistance to homeless members and when such a scheme is implemented
and if the Petitioners are found eligible, the application would be positively
considered. By the impugned judgment, a writ of mandamus is issued based
on Ext.P7 that necessary financial support be provided to the Petitioners
within six months.
3. Learned counsel for the Appellants submitted that all that in
Ext.P7 had indicated that when finances are available the application would
be considered. Learned counsel for the Appellants also submitted that there
are other applicants such as the Petitioners with similar grievances and
requirements and no writ of mandamus could have been issued bypassing
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WA NO.1580 OF 2024
their claims merely because the Petitioners approached the Court and they
did not.
4. Learned counsel for the Appellants has relied upon Clause 35 of
the Kerala State Lottery Agents and Sellers Welfare Fund Scheme, 2009,
which reads thus :-
"35. Loans :- (1) Financial assistance, loans or advances
for purchase of lottery tickets, moped, bicycle,
construction of roadside ticket booths, house construction,
purchase of land for house, house maintenance, children's
education expenses, the board may formulate guidelines
for providing and implement them with prior approval of
the Government.
(2) The eligibility for the loan amount, the mode of
application and other matters shall be as per the guidelines
issued under sub-clause (1)."
5. The learned counsel for the Appellants argues that as regards the
other aspects of financial assistance like purchase of two wheeler etc.,
guidelines have been formulated, however, for house construction since it
requires substantial amount, guidelines have not yet been formulated and it
would depend on the budgetary allocation.
6. The prayers in the petition were to simplicitor enforce the
communication at Ext.P7, but it never placed any legal duty on the Board
nor created any legal right on the Petitioners. Therefore, straight away a
writ of mandamus could not have been issued. Hence, we substitute the
writ of mandamus issued by the learned Single Judge as a direction to the
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WA NO.1580 OF 2024
Appellants to frame guidelines as regards the financial assistance regarding
house construction and once the State has granted approval, process the
application of the Petitioners as per the guidelines so approved by the State
for house construction/reconstruction.
7. The proposal for scheme for construction be submitted by the
Appellants within a period of four weeks to the State Government, who will
grant approval/rejection within a period of four weeks thereafter. If the
approval is granted, then the Appellants will process the application of the
Petitioners as per law, within four weeks thereafter. If for any reason relief
cannot be granted to the Petitioners, the same be communicated with
reasons to the Petitioners. Thereafter the right of the Petitioners are kept
open.
8. The appeal is disposed of in above terms. No costs.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S. MANU
JUDGE
Jvt
