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1963 Supreme(Ker) 295

C.A.VAIDIALINGAM
Jacob – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. In this writ petition Mr. M. Ramanatha Pillai, learned counsel for the petitioner, seeks the issue of a writ of certiorari calling for the records which led to the issue of the notice Ex. P-1 and also to quash the sale of the petitioner's properties held on 9-1-1963. There is also a prayer for the issue of a writ of prohibition, restraining the respondents from taking any steps for taking possession of the properties sold or depriving the petitioner from his possession of the properties on the basis of the sale that is stated to have taken place on 9-1-1963.

2. The circumstances, that have led to the filing of this writ petition, may be briefly narrated. The petitioner appears to have defaulted in respect of payment of certain abkari dues. Though there is a slight controversy raised by the petitioner regarding the actual amounts due by him, I do not think it necessary to enter into that controversy. Under Ext. P-1, it is seen that a notice is issued on 20-11-1962 under the provisions of the Travancore-Cochin Revenue Recovery Act, 1951 (Act VII of 1951), stating that an extent of about 1 acre 24 cents of property in S. No. 1146/1A in the area mentioned therein has been

























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