ABRAHAM JACOB Vs. THOMAS J NIDHIRI

JUDGEMENT

(1.) The petitioners are tenants of a building belonging to the first respondent. Act 2/1965, namely, the Kerala Buildings (Leased and Rent Control) Act, 1965 governs the relationship between the petitioners and the first respondent. The first respondent turned out to be an abkari defaulter resulting in revenue recovery proceedings. The building in question has been attached. Following that, Ext. P6 has been issued by the Tahsildar directing the tenants (writ petitioners) to quit. Hence, this writ petition.

(2.) Though this Court had issued an interim order confining the order of stay to be one against dispossession only, even as of now, no sale has taken place.

(3.) S.28 of the Abkari Act provides for recovery of duties whereby all amounts due to the Government may be recovered as if they were arrears of land revenue. R.5(22) of the Abkari Shops Disposal Rules, 2002, hereinafter referred to as the "Disposal Rules", provides that the grant of privilege of vending toddy shall be subject to a condition that the purchaser, on whose name the privilege is granted and licence is issued, shall not be permitted to transfer or encumber any of his assets to the detriment of any amount due and any such transaction shall be deemed void to the extent of the sum so falls due.