1982 (4) TMI 271

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....the affidavit filed in support thereof and upon hearing the arguments of Mr. D. Srinivasan, Advocate for the petitioner, the court made the following order: The prayer in the writ petition is to call for the records of the second and third respondents in Form No. III, dated 19th February, 1982, issued to the petitioner on 22nd February, 1982, and quash the same as illegal by the issue of a writ....

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....of the distraint order in the prayer in the writ petition. Furthermore, there is no specific allegations in the affidavit filed in support of the writ petition, taking up the stand that the third respondent is not empowered to issue the distraint order. Under the provisions of the Tamil Nadu Revenue Recovery Act, there is scope for delegation and in the absence of a specific plea in the affidavit ....

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....is only this distraint order that has been prosecuted and the sale of the movables distrained has been notified. It cannot be stated that there is a disparity as such. The learned counsel for the petitioner would further state that the petitioner has paid a sum of Rs. 10,170 and that has not been adjusted. If, in fact, such amount has been paid, the petitioner can bring this to the notice of th....

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....mbiguity should be meticulously avoided. In the absence of specification with exactitude and clarity as to the grounds of attack, this Court will be justified in declining to entertain the writ proceedings and issue rule nisi. In matters in the nature of highly prerogative writs, it is absolutely essential that the party seeking the same sets forth precisely the grounds of attack, so that the oppo....