P.K. Balasubramanyan, J.

The appellant herein is the petitioner in O.P. 7764 of 1995. The appellant had acquired the right under the Abkari Act to run a number of arrack shops in Mattannur Range during the abkari year 1981-82. The appellant defaulted in paying the kist agreed upon. Disputes were raised. Finally the Supreme Court of India in Assistant Excise Commissioner v. Issac Peter (1994 (1) K.L.T. 698 (SC)) held that licencees like the appellant are not entitled to any remission of the kist or abatement in the licence fee and other amounts payable by them under the contract. The Supreme Court also held that contractors like the appellant were not entitled to get out of the obligation undertaken by them under the contract entered into with the State in accordance with the Kerala Abkari Act and the Kerala Abkari Shops (Disposal in auction) Rules. Thereafter recovery proceedings were initiated against the appellant. It is then that the appellant filed the Original Petition before this court invoking Art.226 of the Constitution of India praying for the issue of a writ of certiorari and to quash the notice issued under the Revenue Recovery Act concerning interest, in betw