LAWS(MAD)-2000-4-126

SARASAMMAL Vs. STATE

Decided On April 04, 2000
SARASAMMAL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) ONE Sunilkumar S/o. Joseph is the petitioner in Crl.O.P.No.9540 of 1998 and one Sarasammal. who claims to be the second wife of Joseph is the petitioner in other Crl. O.P. The petitioner Sunilkumar filed a complaint on 4.1.1998 to the Sub Inspector of Police, Dindigul Police station alleging that he has kept eight tons of coffee seeds worth about Rs.8 lakhs in his godown which has been stolen by persons at the instance of Sarasammal, whom he has termed as his step -mother. A case was registered on the complaint given by Sunilkumar in Cr.No.21 of 1998 in Dindigul Police Station and during the course of investigation, the coffee seeds were seized from a lorry which is said to belong to a person who is closely connected with Sarasammal. While the complaint refers to about theft of eight tons of coffee seeks, only a small quantity packed in 31 gunny bags and nine Chippams were seized from the lorry by the police and after some delay it has been remanded to the Judicial Magistrate No. II. Dindigul. The complaint in the theft case, namely Sunilkumar and his stepmother Sarasammal preferred claims for return of the said coffee seeds raising various contentions.

(2.) ON going through the typed set of papers furnished in both the petitioners, the following facts have emerged: One K.M.J. Joseph is the Managing Director of Ponnacholai Estate, Sirumalai, which is the owner of coffee estate having large extent of lands: K.M.J. Joseph was married to one Mariaminal and the parties belong to Christian community and the marriage between Joseph and Manammal was solemnised as per the law governing Christian community. Joseph and Mariammai had only one son Sunilkumar and two daughters by name Suma and Suja. Daughters are given in marriage and well provided for. Joseph is residing with his wife and children and he is residing in the estate of Sirumalai. Even in 1960"s it seems Joseph developed illicit intimacy with one Sarasammal. daughter of one Raghavan Nair. Joseph brought Sarasammal and accommodated her in a house at Dindigul and they were living as husband and wife. Through Sarasammal, Joseph had three sons by name Dilipkumar Prem Kumar and Pramoth Kumar and a daughter. It seems Joseph has provided to Sarasammal and the children born to her by settling valuable properties by way of lands and houses. There is only lawful marriage between Joseph and Mariammai and the subsequent living of Joseph with Sarasammal will not however give any legal status to Sarasammal and she is only a concubine or kept mistress of Joseph. The children born to Joseph are all illegitimate children and they cannot make any lawful claims on the properties of Joseph. For that matter. Sarasammal has also no legal status to make, any claim on Joseph. The fact remains that the relationship between Sarasammal and her children with Joseph remained cordial till about middle of 1990 and during the course of these years. Joseph has provided for Sarasammal and her children by settling number of properties. The dispute somehow has arisen between Sarasammal and her sons on the one hand and Joseph on the other hand. Thereafter the trouble started and parties started giving petitions against each other making various allegations against one another.

(3.) SINCE the properties i.e. coffee seeds concerned in Cr.No.21 of 1998 has been remanded to the Court Judicial Magistrate No.2, Dindigul. Sarasammal filed a petition for return of property and so also Sunilkumar filed another petition. Learned Magistrate in view of the contents raised and in view of the claim made by Sarasammal that coffee seeds seized by the police have been actually harvested from the lands in her possession and kept in her godown. has chosen not to pass any others returning the property in favour of either Sarasammal or Sunilkumar. In fact Sarasammal in the meantime has filed the suit, referred to above, wherein she has specifically prayed for a declaration that coffee seeds seized by the police, who are also impleaded in the suit as defendants, actually belong to her. Therefore, the learned Magistrate has correctly held that in view of the rival claims, it will be pre -mature for him to decide with the available materials, as to who among the rival claimants are entitled to coffee seeds which were seized by the police in the case registered on the complaint of Sunilkumar.