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1972 Supreme(Ker) 86

P.SUBRAMONIAN POTI, P.GOVINDA NAIR
C. P. JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The prayer in this petition is for the issue of a writ of Habeas Corpus directing the respondents to produce one Mani Mathew who is under detention pursuant to proceedings taken under the Kerala Revenue Recovery Act and for release of the said Mani Mathew. The petitioner also prays that certain sections of the Abkari Act and the Kerala Revenue Recovery Act, 1968 should be declared as unconstitutional and void.

2. The petitioner is the brother-in-law of Sri. Mani Mathew who was an Abkari contractor in the Kunnamangalam range for the periods 68-69, 69-70 and 70-71. He defaulted to pay the dues under the agreements entered into by him in regard to the conduct of toddy shops bid by him in auction. As a result, notice under S.34 of the Revenue Recovery Act (hereinafter called the Act) was issued to the said Mani Mathew on 7 51970. Pursuant to such notice certain properties were attached as if they were the properties of the said Mani Mathew But the attachment was raised since it was found that Mani Mathew has no proprietary rights over the properties attached. It appears that Mani Mathew was running a business in arecanuts at Kodencherry and it is the case of the petitione






























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