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2009 Supreme(Ker) 239

P.JOSEPH
G. Ayyappan Pillai – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioner:M.R. Rajendran Nair (Sr.), Advocate. For The Respondent: Government Pleader.

Judgment :

Can the court within whose territorial jurisdiction the consequence ensued from the wrong done to movables beyond its territorial jurisdiction entertain a suit for compensation for the wrong done is the question for a decision in this Civil Miscellaneous Appeal.

2. Appellant purchased 1.278mt of teak wood from Peechi depot of the Forest Department in the auction held on 20.10.1991 for his house construction and according to him, after complying with the legal formalities he was transporting the timber in a lorry to the site of house construction at Maradu in Kanayannur Taluk on 26.4.1992. It was intercepted by respondent No.2 at Karukutty Sales Tax Check Post alleging that appellant had no valid documents. Respondent No.2 refused permission to the appellant to proceed further with the timber to its destination. Appellant was allowed to proceed only on the next day on his paying Rs.9,454/-. On 28.1992 the Sales Tax Officer at Ernakulam ordered refund of the said amount. Alleging that the said mala-fide act of respondent No.2 caused loss to him including travelling expenses to go to different places including Ernakulam and additional payment made to the owner of the lorry













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