Kishan Chand v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WA.No. 1559 of 2015 IN WP(C).29708/2012 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 29708/2012 DATED 16-07-2014 ....................

APPELLANT/PETITIONER :

----------------------------- KISHAN CHAND S/O. SAWAYARAM, RESIDING AT 467/8, PANIPAT HARYANA-132 103.

BY ADV. SRI.R.S.KALKURA RESPONDENTS/RESPONDENTS :

------------------------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE DIRECTOR DIRECTORATE OF STATE LOTTERIES KERALA STATE LOTTERIES, VIKAS BHAVAN THIRUVANANTHAPURAM-695 001.

3. ADDITIONAL DIRECTOR GENERAL OF POLICE (CRIMES) CRIME BRANCH CID HEADQUARTERS, PHQ TOWERS THIRUVANANTHAPURAM-695 010.

BY SR.GOVERNMENT PLEADER, SRI.P.I. DAVIS.

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA.No. 1559 of 2015 IN WP(C).29708/2012 -------------------------------------------------- APPENDIX APPELLANT'S EXHIBITS :

ANNEXURE A1 : TRUE COPY OF THE PRESCRIPTION ISSUED TO THE PETITIONER BY THE SAI RAM NURSING HOME, DATED 04.09.2014. ANNEXURE A2 : TRUE COPY OF THE BIO-CHEMISTRY TEST-REPORT DATED 03.02.2015 ISSUED BY THE S.R.L. DIAGNOSTICS AND KARTHIK CLINICAL LABORATORY, PANIPAT.

ANNEXURE A3 : TRUE COPY OF THE BIO-CHEMISTRY TEST-REPORT DATED 26.01.2015, ISSUED BY THE S.R.L. DIAGNOSTICS AND KARTHIK CLINICAL LABORATORY, PANIPAT.

RESPONDENTS' EXHIBITS :

NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1559 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2015

JUDGMENT

Shaffique, J.

Petitioner in W.P.(C) No.29708 of 2012 is the appellant challenging the judgment dated 16.07.2014 to a limited extent by which the learned Single Judge denied the claim for interest on the prize amount covered by Ext.P1 lottery ticket. Learned Single Judge permitted the petitioner to approach the Civil Court, if his claim for interest has been rejected by the Government.

2. Learned counsel for the appellant submits that there is a delay of 2 years in payment of the prize money and therefore the learned Single Judge ought to have directed payment of interest.

Having gone through the judgment of learned Single Judge and after hearing learned counsel for the appellant, we do not think that any interference is required to the judgment of learned Single Judge. Learned Single Judge has reserved the

WA No. 1559 of 2015 -:2:- right of the petitioner to move the civil court for claiming interest if it is rejected by the 1st respondent. There is no error in the said judgment, therefore, we do not find any good ground to interfere with the judgment of learned Single Judge. Accordingly, the Writ Appeal is dismissed.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/11/08