STATE OF KERALA Vs. JAGADAMMA

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree in A.S. No. 192 of 1992 of a learned Single Judge of this Court. First respondent in the appeal filed the suit, O.S. No. 225 of 1989 for recovery of Rs. 59,820/- from the appellants on the following facts:

(2.) Third defendant in the suit, the Coir Project Officer, Quilon seized 28 Malis of coconut husks containing about 2,00,000 in number retted at Munroethuruthu locality and filed a report before the Sub Inspector of Police at Anchalummood alleging that certain persons have retted husks without proper authority and licence and on the basis of the said report, the Anchalummood Police registered Crime No. 46/80 and charge sheeted the persons who have retted husks without licence, under S.2 and 7 of the Essential Commodities Act and S.5(2) of the Husk Control Order, 1973 and numbered it as C.C. No. 273/82.

(3.) Immediately after the seizure of the husks, the plaintiff and 7 others filed Crl.M.P. No. 2694/80 before the court for releasing the husk. On 18.6.1980, the Court passed an order disallowing the prayer of the plaintiff and 7 others and further ordering the third defendant to sell the husks seized and deposit the amount in Court. Against that order, the plaintiff and 7 others filed Crl. Revision No. 62/80 before the Sessions Court, Quilon and the Court ordered the release of the husks to the plaintiff and 7 others. Subsequently, an O.P. was filed before this Court. This Court directed the parties to wait till the disposal of C.C. No. 273/82. C.C. No. 273/82 was finally disposed of by acquitting the accused in that case on 26.6.1984 and ordered that the husks will be returned to the plaintiff and 7 others and the numbers of husks to be released will be in accordance with the number of husks mentioned in their respective licence. According to the plaintiff, the number of husks due to the plaintiff is 65,000.