The petitioner is the native of Tamil Nadu. He purchased tickets from the State of Kerala as Christmas - New year Bumber (BR) lottery. The ticket bearing No.XT423051 won first prize. The petitioner also won four consolation prizes for the tickets bearing numbers XM 423051, XO 423051, XR 423051 and XS 423051. The petitioner raised a claim for prized amounts. This was rejected by the proceedings of the Director of State Lotteries as per Ext.P3. Thereafter, the petitioner approached the Government in an appeal. The appeal was also affirmed by the order passed by the Director of State Lotteries. The only reason stated that there is no evidence to show that the petitioner purchased the tickets on his visit to Kerala. The reason is that the Kerala Lottery cannot be sold W.P.(C) No.27514 of 2014 2 outside the State and therefore, the person when failed to establish that he purchased the ticket from the State of Kerala, it has to be presumed that this was purchased from the outside State of Kerala. There is no law to show that one has to demonstrate the evidence for claiming prized amounts by showing that he has come down to Kerala for purchase of the tickets. It means by such an order, the Government prefix the condition for purchasing lottery tickets by stating that persons, who are coming from outside State of Kerala also has to keep an evidence to show that he has come down to Kerala to purchase lottery tickets. This would negate the very concept of federal structure in our constitutional scheme. The right to travel cannot be encumbered with any impediment and any person can travel to any part of India without any impediment and therefore, he need not keep any evidence to show that he visited Kerala and purchased ticket from the Kerala.
W.P.(C) No.27514 of 2014 3 Therefore, the petitioner cannot be attributed with the burden to establish the proof of purchase of ticket from Kerala. The burden is on the State to show that ticket is purchased from outside Kerala in violation of relevant regulations. In the absence of any materials against the petitioner to show that he has purchased the ticket from the outside State, the rejection is unsustainable.
Accordingly, Exts.P3 and P4 are set aside. There shall be a direction to the second respondent to release the prized amounts to the petitioner within a period of two months from the date of receipt of a copy of this judgment. The question regarding interest is left open.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln