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1957 Supreme(Ker) 265

SANKARAN, RAMAN NAYAR
Uthuppu Mathai – Appellant
Versus
Tahsildar, Meenachil – Respondent


Judgment :-

1. The petitioner in O.P. No. 323/1956 on the file of this Court is the appellant. He had an Abkari contract under the State and for the defaulted amounts due from him under that contract, 25.25 cents of his property and the buildings standing thereon were attached and sold under the provisions of the Travancore-Cochin Revenue Recovery Act, Act VII of 1951. The sale was held on 13-9 -1956 and in the absence of strangers to bid at the auction, the Tahsildar who conducted the sale proceedings, bid the property on behalf of the State for a nominal amount of one anna. Ext. A contains an account of the sale proceedings. O. P. 323/1956 was filed by the petitioner under Art.226 of the Constitution praying for the issue of a writ of certiorari setting aside the sale evidenced by Ext. A. The main grounds of attack against the sale are that the sale proceedings were illegal and improper and that the Tahsildar acted without jurisdiction in conducting the sale and himself bidding the property at the auction. The learned judge who heard the petition came to the conclusion that the several grounds of attack levelled against the sale were all untenable and accordingly he dismissed the









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