PETER P A Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners purchased tickets of Sports Super Bumper Lottery - 1285th Kerala State Lottery - conducted by the Government of Kerala. The tickets priced Rs.100/- each, were issued announcing a first prize of Rs.2 crores, 200 second prizes of Rs.2 lakhs each, 2000 third prizes of Rs.25,000/- each, as well as different numbers of fourth, fifth, sixth, seventh and eighth prizes, apart from 19 consolation prizes of Rs.1 lakh each.

(2.) These writ petitions are filed complaining that the original schedule for the draw was illegally adjourned and that the Government have, without authority, reduced the number of prizes, after the sale of the tickets.

(3.) As per the counter affidavit, the total prize money of the lottery tickets, going by what is stated on the face of the tickets, would be around Rs.40,19,00,000/-. The Government aimed to sell at least two crores of tickets, intending to disburse the total prize money, as fixed, and to raise a further amount for being invested in various developmental activities of sports in the State of Kerala. However, the lottery did not evoke the expected response. Accordingly, the Government postponed the declared date of draw, anticipating that more tickets could be sold. Thereafter, the lot was drawn on 10/02/2007. Out of a total number of forty lakhs tickets printed, only 29,44,798 were sold leaving 10,55,202 as unsold. Therefore, the entire amount generated by the sale of tickets is Rs.29,44,79,800/-. In view of that fact, acting on Clause 4 of Annexure III of Ext. R1(a) G.O. (Ms.) No. 117/06 dated 28/10/2006, the first prize was drawn in full, coming under the assured portion of prizes and the remaining prizes were drawn under the variable portion, depending on the number of tickets sold.