LAWS(MAD)-2011-2-350

V ARUMUGAM PILLAI Vs. STATE OF TAMIL NADU

Decided On February 08, 2011
V.ARUMUGAM PILLAI Appellant
V/S
STATE OF TAMIL NADU REP. BY THE COMMISSIONER Respondents

JUDGEMENT

(1.) THE petitioner has filed the present Writ Petition seeking the relief of Writ of Mandamus to direct the respondents to refund a sum of Rs.71,633/- (Rupees seventy one thousand six hundred and thirty three only) deducted as fine amount, which is in violation of the Provisions of Tamil Nadu Liquor Vending Rules 1989 relating to the petitioner, along with the interest at the rate of 24% per annum from 28.11.2007 to till the date of payment.

(2.) THE petitioner has been issued with licence No. 80/KLT/2001-2003(valid from 24.12.2001 to 30.7.2002) on deposit of a sum of Rs.6,00,000/-(Rupees six lakhs only) which comprises privilege amount, licence fee and a Security Deposit of Rs.5,00,000/-(Rupees five lakhs only) towards privilege fee, Rs.5,000/- (Rupees five thousand only) and Rs.1,00,000/- (Rupees one lakh only) towards Security Deposit. THE Security Deposit is paid to ensure off-take of liquor.

(3.) THE learned counsel for the petitioner projects a plea that the petitioner deposited the privilege amount on the assumption that the said amount confers licence for a period of twelve months. But the licence has been issued only for a period of seven months.