Allowed

C.N.Purushothaman, v. State of Kerala

Kerala HC22 Mar 2022WP(C)/8779/2021

Case brief

AI extract

What is this about?

High Court in writ petition quashed letters rejecting application for financial assistance for house repair under the Kerala State Lottery Agents and Sellers Welfare Board Act, directing respondents to reconsider the matter.

What did the court decide?

Exhibits P4 and P5 set aside; 2nd and 3rd respondents directed to reconsider the application for financial assistance within one month.

C.N.Purushothaman, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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TUESDAY, THE 22^ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944

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WP(C) NO. 8779 OF 2021

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PETITIONERS:

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1 C.N.PURUSHOTHAMAN, AGED 69 YEARS S/O.NANU VAIDYAR, RESIDING AT PRANAMAM, AYYAMBILLIKAVU, EROOR P.O., THRIPUNITHARA, ERNAKULAM.

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2 GEETHA, AGED 58 YEARS W/O.PURUSHOTHAMAN, RESIDING AT PRANAMAM, AYYAMBILLIKAVU, EROOR P.O., THRIPUNITHARA, ERNAKULAM.

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3 PRASANNAN.V.P., AGED 26 YEARS S/O.PURUSHOTHAMAN, RESIDING AT PRANAMAM, AYYAMBILLIKAVU, EROOR P.O., THRIPUNITHARA, ERNAKULAM.

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BY ADV T.V.JAYAKUMAR NAMBOODIRI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY (TAXES), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 KERALA STATE LOTTERY AGENTS AND SELLERS WELFARE BOARD

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REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, KERALA STATE LOTTERY AGENTS AND SELLERS WELFARE BOARD, HEAD OFFICE, PALAYAM, THIRUVANANTHAPURAM, KERALA-695 034.(ADDRESS CORRECTED)(ADDRESS OF R2

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WP(C) NO. 8779 OF 2021

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IS CORRECTED AS 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,695001)

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3 WELFARE OFFICER,

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KERALA STATE LOTTERY AGENTS AND SELLERS WELFARE BOARD, HEAD OFFICE, PALAYAM, THIRUVANANTHAPURAM, KERALA-695 034.(ADDRESS CORRECTED)(ADDRESS OF R3 IS CORRECTED AS WELFARE OFFICER, KERALA STATE LOTTERY AGENTS AND SELLERS WELFARE BOARD, 6TH FLOOR, KSRTC BUILDING, THAMPANOOR, THIRUVANANTHAPURAM, 695001.) (ADDRESS OF R2&R3 ARE CORRECTED AFTER THEIR RESPECTIVE DESIGNATIONS AS PER ORDER DATED 16/09/2021 IN IA.NO.1/2021 IN WPC8779/2021)

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SMT.VIDYA KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8779 OF 2021

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JUDGMENT

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Dated this the 22^nd day of March, 2022

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This writ petition is filed with the following prayers.

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“ (i) To issue a writ of Certiorari and quash Exts.P4 and P5;

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(ii) Issue a writ of Mandamus or any other Writs or direction, directing 2^nd respondent to take a decision to disburse financial assistance to the petitioners for maintenance of their house, within a time limit.

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(iii) Such other reliefs as this Hon'ble Court may deems fit and proper.”

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The 2^nd petitioner is the wife of the 1^st petitioner and

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3^rd petitioner is the son of them. According to the petitioners,

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they are lottery agents and members of Kerala State Lottery Agents and Sellers Welfare Board. Exts.P1, P1(a) and P1(b) are copies of the ID cards of the petitioners. According to the petitioners, the family of the petitioners are living mainly relying the small amount they are getting by selling lottery tickets. It is also stated that the 3^rd petitioner is a differently abled person

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and 1^st petitioner is suffering from Coronary Heart Disease.

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WP(C) NO. 8779 OF 2021

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According to the petitioners, their house is in dilapidated condition and it was constructed about 80 years back. After the flood in 2019, the condition of their house is now in a dangerous situation is the submission. It is also stated that the roof was damaged in the rain and storm in the month of October 2020 and the construction itself may collapse at any time.

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According to the petitioners, as per Section 6(g) of the Kerala State Lottery Agents and Sellers Welfare Board Act (for short 'the Act'), fund can be given for the repair, maintenance and construction of the house of members. The petitioners applied to the Board for financial assistance to repair their house. Ext.P3 is the application submitted by the petitioners. The 3^rd respondent rejected their application by letter dated 23.12.2020 and 15.03.2021. Ext.P4 is the letter dated 23.12.2020 and the reason stated in Ext.P4 is that there is no scheme for financial assistance for construction of house and to grant benefits for pensioners. The letter dated 15.03.2021 is Ext.P5 and in Ext.P5 also it is stated that there is

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WP(C) NO. 8779 OF 2021

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no scheme for financial assistance to the pensioners and the 1^st petitioner is not an active member of the Board. According to the petitioners the statements in Exts.P4 and P5 are not correct. Hence, this writ petition is filed.

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Heard the learned counsel for the petitioners and the learned Government Pleader who appeared for the 1^st respondent. Eventhough notice is issued to 2^nd and 3^rd respondent and the notice is served, there is no appearance for the 2^nd and 3^rd respondent. The case was posted for appearance of the 2^nd and 3^rd respondent on two occasions and there was no appearance for the 2^nd and 3^rd respondent. In such circumstances, this Court decided to consider the matter on merit.

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This Court considered Exts.P4 and P5. In Exts.P4 and P5, the main reason to reject the application is that there is no provision to grant benefits for pensioners. It is also stated that the 1^st petitioner is a pensioner and therefore, he is not a member of the Board. As far as the first ground is mentioned, I

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WP(C) NO. 8779 OF 2021

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think the same is not correct in the light of Section 6(g) of the Kerala State Lottery Agents and Sellers Welfare Board Act which reads as follows:-

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“(6) നനിധനി, തതാഴഴെപ്പറയയന്ന എലല്ലതാമമതാ ഏഴതങനിലയമമതാ ആവശശ്യങ്ങൾകതായനി ഉപമയതാഗനികതാവയന്നതതാണല്. അതതായതല് :- (ജനി) അഅംഗങ്ങൾകല് അവരുഴടെ ഴതതാഴെനിൽ സഅംബന്ധമതായ ആവശശ്യതനിമനതാ, തതാമസനിക്കുന്നതനിനതായനി വവീടെല് നനിർമനിക്കുന്നതനിമനതാ, വവീടെനിഴന്റെ അറ്റകുറ്റപ്പണനികൾമകതാ, വവീടെല് പയതുക്കുന്നതനിമനതാ, വവീടെല് നനിർമനിക്കുന്നതനിനതായനി സസ ലഅം വതാങ്ങയന്നതനിമനതാ, വവീടെയഅം സസ ലവയഅം കൂടെനി വതാങ്ങയന്നതനിമനതാ, അഅംഗങ്ങളയഴടെ മകൾകല് ഉന്നതവനിദശ്യതാഭശ്യതാസഅം ഉൾഴപ്പഴടെയയള്ള വനിദശ്യതാഭശ്യതാസതനിമനതാ സതാമ്പതനിക സഹതായമമതാ, വതായല്പകമളതാ, മയൻകൂറയകമളതാ നൽകുന്നതനിനല്.”

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From the above, it is clear that the members are entitled financial help from the Board for construction of house and even for repair of the house. Therefore, the reason in Ext.P4 cannot be accepted. In Ext.P5, it is stated that the 1^st petitioner is not a member and he retired. The counsel for the petitioners submitted that there is no such clause in Ext.P2 Act. Whatever that may be, Ext.P3 is submitted by all the petitioners together. Admittedly, the 2^nd and 3^rd petitioners are members. In such circumstances, that reason is also unsustainable.

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WP(C) NO. 8779 OF 2021

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Therefore, Exts.P4 and P5 can be set-aside and there can be a direction to the 2^nd and 3^rd respondent to re-consider the matter, in the light of the observations in this judgment.

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Therefore, this writ petition is allowed in the following

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manner.

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Exts.P4 and P5 are set-aside. The 2^nd and 3^rd respondents are directed to re-consider the matter based on Ext.P3 application submitted by the petitioners 2 and 3 in the light of the observations in this judgment as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

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Sd/-

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P.V.KUNHIKRISHNAN

JUDGE

spk

WP(C) NO. 8779 OF 2021

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APPENDIX OF WP(C) 8779/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE ID CARD OF THE 1ST PETITIONER. EXHIBIT P1 A TRUE COPY OF THE ID CARD OF THE 2ND PETITIONER. EXHIBIT P1 B TRUE COPY OF THE ID CARD OF THE 3RD PETITIONER. EXHIBIT P2 TRUE COPY OF THE KERALA STATE LOTTERY AGENTS AND SELLERS WELFARE BOARD ACT PUBLISHED IN THE GAZETTE DATED 05.01.2009. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 25.12.2020. EXHIBIT P4 TRUE COPY OF THE LETTER FROM 3RD RESPONDENT DATED 23.12.2020 . EXHIBIT P5 TRUE COPY OF THE LETTER FROM THE 3RD RESPONDENT DATED 15.02.201.

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RESPONDENT'S/S EXHIBITS : NIL

C.N.Purushothaman, v. State of Kerala

Case brief

What is this about?

What did the court decide?

C.N.Purushothaman, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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