RAMCHANDRAM RICE & OIL MILLS LTD. V. THE MUNICIPAL COMMISSIONER

 


RAMCHANDRAM RICE & OIL MILLS LTD. V. THE MUNICIPAL COMMISSIONER

AIR 1943 Pat 408

 

FACTS OF THE CASE -

1.     The plaintiff company - Ramchandram Rice & Oil Mills Ltd.- had despatched hundred of canistersfull of mustard oil, which was manufactured by them and sold under their brand. These canisters were lying at the Purulia railway station for delivery to the customer.

2.     After about 400 tins had been delivered to the customer, the defendant (the Municipal Commissioners) applied under the Municipal Act for the issue of a search warrant on the ground that the said oil was contaminated and emitted a bad odour.

3.     On the same day, the Sanitary Inspector of Purulia Municipality along with the defendants went to the railway station yard to detain the mustard oil and in spite of the protests made by the plaintiff company agent that the oil was pure and meant for human consumption, they detained the oil canisters.

4.     On the next day, the 600 tins of mustard oil at the railway yard were carried away in the municipal motor truck which is used for carrying rubbish, road-sweeping and other filthy matters. The tins of mustard oil, which were really meant for human consumption were loaded in the truck by sweepers (mehtars).

5.     Samples of the oil were taken and sent to a Government analyst, who found the oil to be genuine.

6.     Owing to the mala fide action on the part of the sanitary inspector, the plaintiff suffered a huge loss in as much as its customers refused to buy the said mustard oil on the ground that they had been carried in Municipal vehicle which was used to carry rubbish and consequently the oil had become unconsumable.

LEGAL ISSUES –

A.    Will the act of the Defendant i.e. Municipal Commissioner protected for being a statutory duty and hence no liability lies against him?

B.    Are the Commissioners allowed to exercise their authority in a capricious, wanton and an oppressive manner?

 

DECISION –

The principle of law is that if a person is exercising his rights under a statute he is not liable unless it is proved that he acted unreasonably or negligently. The fact remains that the defendants in their alleged zeal to perform duty acted very hastily, and in their haste they took steps which led to the seizure of the and the despatch of the oil from the station in a scavengers' truck. The question then arises as to whether the action of the municipality was reasonable and negligent and caused loss to the plaintiff. Evidences suggest that the oil was carried in a scavenger's truck loaded by Mehtars, as a result of which the plaintiff could not sell the oil at its proper price. The action of the municipality, if not actuated by malice or as a result of a conspiracy, was certainly very unreasonable and negligent. There were other methods available, by which the same object could have been attained. But, the one execution that the municipality adopted does make them liable for the loss that the plaintiff suffered. The municipality is liable for the negligent acts of its agents.

 

CONCLUSION -

The honourable High Court observed that although it is thoroughly well established that no action will lie for doing thatwhich the Legislature has authorized,the party causing it will be liable if he does not take reasonable precautions to prevent damage resulting therefrom. Though exempt from the absolute liability which would attach to a person not acting under statutory powers, he is still liable if he exercises his powers negligently or unreasonably.

If any litigant executes any form of legal process which is invalid for want of jurisdiction, irregularity, or any other reason, and in so doing he commits any act in the nature of trespass to person or property, he is liable therefore in an action of trespass, and it is not necessary to prove any malice or want of reasonable or probable cause. This is an application of the fundamental principle that mistake, however honest or inevitable, is no defence for him who intentionally interferes with the person or property of another. A supposed justification is no justification at all. Alitigant who effects an arrest or seizes property must justify the trespass by pleading a valid execution of legal process, and any irregularity or error which has the effect of making the process invalid will deprive him of all justification.


 

PRECEDENTS -

1.     David v. Proprietors of the Reservoir, 1878 3 AC 430

2.     Mayor v. Annois, 1902 AC 213

3.     Nagar Narsi v. The Municipality, (1920) 12 Bom. 490

4.     Rup Lal Singh v. Secretary of State, AIR 1926 Pat 258

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