JACOB Vs. DISTRICT COLLECTOR KOZHIKODE

JUDGEMENT

(1.) IN granting a memorandum under R. 3 of the Kerala agriculturists Debt Relief Rules, 1958 (made under Kerala Act XXXI of 1958), the Collector does not act quasi judicially but only ministerially. He merely collects information from the several authorities concerned and compiles this information in the form of the memorandum. Certiorari will not therefore lie; nor will mandamus to correct something wrongly done. More than all this, the rule only says that the memorandum shall be received as evidence of the facts stated therein. It is not conclusive and other evidence is not excluded. Nothing therefore prevents the petitioner-debtor from proving by other evidence (which he of all persons is in the best position to adduce - the Collector's assistance is necessary only for the creditor) that he does not come within any of the disqualifications in S. 2 (a) of Act XXXI of 1958. I dismiss the petition. Dismissed.