High Court Kerala High Court

T.H.Ebrahim Kareem vs State Of Kerala on 5 January, 2010

Kerala High Court
T.H.Ebrahim Kareem vs State Of Kerala on 5 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS.No. 515 of 1999(C)



1. T.H.EBRAHIM KAREEM
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.N.S.MOHAMMED USMAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :05/01/2010

 O R D E R

P.BHAVADASAN, J.

————————————-

AS NO.515 OF 1999

————————————-
Dated 15th January 2010

Judgment

The plaintiff, who is a dealer in cement, laid the suit for

compensation against the Government. The Trial Court found

against the plaintiff. In appeal, this Court reversed the judgment

of the Trial Court and passed a decree as follows :

“Taking all the relevant circumstances into account, I find that

the punishment of confiscation imposed by the District Collector was

excessive. But, on the strength of that finding alone, I am not inclined

to grant the entire compensation sought for by the plaintiff. As already

found by me, there has been violation of the provisions of the Cement

Distribution Order and Licence conditions by the plaintiff and it cannot

be said that the storage and seizure were illegal. The mental agony

which the petitioner claims to have suffered and the difference

between the price realised in sale and the actual market price of the

cement at the time of seizure according to me, can be treated as

punishment, enough for the irregularities committed by the plaintiff.

Under these circumstances, I direct the Government to refund the

actual price of the cement realised in the auction. Thus, allowing the

appeal in part, the suit is decreed in part. The appellant plaintiff is

allowed to recover a sum of Rs.15,360/- together with interest at the

rate of 6% from the date of suit till the date of realisation from the

respondents. The 2nd respondent Revenue Inspector will be personally

liable for the amount. The Government’s liability will be vicarious.”

AS NO.515/99 2

2. It appears that the Government had filed RP Nos.348

and 377 of 2007, seeking to have the personal liability against

the second respondent deleted. Those petitions were allowed

and the Government was directed to ascertain whether the

decree amount as per the decree passed by this Court has been

deposited or not.

3. Today, the learned Government Pleader informed this

Court that the decree amount has already been deposited and

so, the second respondent may be exonerated of his personal

liability.

4. In view of the above submission, the personal liability

cast on the second respondent is deleted and he stands

exonerated of his personal liability. It is pointed out that an EP is

pending before the Execution Court. In case, as submitted, the

decree amount has been deposited, the EP shall stand closed.

The Appeal is allowed as above.

P.BHAVADASAN, JUDGE
sta

AS NO.515/99 3

`

P.BHAVADASAN, JJ.

======================
AS NO.515 OF 1999
=========================

JUDGMENT

DATED 5TH JANUARY 2010
=======================

AS NO.515/99 4