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1980 Supreme(Ker) 303

K.BHASKARAN
Joseph – Appellant
Versus
Tahsildar S Wynad Taluk – Respondent


JUDGMENT

K. Bhaskaran, J.

1. The facts in short are these: Immovable property, 6.85 acres in extent, comprised in R. S. Nos. 629/1 A1 and 628 of Thariode Village, which belonged to the late N. D. Thommen, was attached for recovery of abkari arrears due from him, on 21st March 1974 and was sold in public auction on 14th July 1978 to the petitioner, who happened to be the highest bidder, for a sum of Rs. 8,500. On 23rd August 1979 the Village Officer, Thariode served on the petitioner an order, dated 27th July 1979, a copy of which is Ext. P-3, from the 1st respondent, the Tahsildar, South Wynad Taluk; therein it was stated inter alia that the 2nd respondent, the District Collector, Kozhikode, in his proceedings No. K. Dis. 18511/79, dated 17th March 1979 had ordered to set aside the sale dated 14th July 1978 on the ground that the amount of sale was not reasonable; there was also therein a direction that the amount of Rs. 8,500 deposited by the petitioner as sale price of the property as per the two chalans, dated 22nd July 1978 and 7th August 1979 was to be refunded to him. According to the averment in Para.3 of the writ petition, the original of Ext. P-4, objections, dated 13th Augu









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