P.A. AYYASWAMI Vs. THE EXCISE OFFICER, COIMBATORE,

JUDGEMENT

(1.) The unsuccessful plaintiff before the courts below is the appellant.

(2.) The appellant filed the suit for recovery of Rs.19,300/= representing the Earnest Money Deposit and expenses incurred by him to locate the alternative toddy shop. The suit was resisted by the respondents herein and ultimately the suit came to be dismissed and confirmed in appeal as well.

(3.) The facts are that the appellant was the successful bidder for running a toddy shop in Thondamuthur Village in Coim the period from July 1983 to first July 1984. However the location of the said shop was objected to by the public and thereof authorities directed the appellant not to locate the shop. On the representation of the plaintiff the authorities permitted the appellant to find out and locate alternative place for running the toddy shop. The appellant also made preparations to locate his shop in S.F.No.272 of the same village. However, in the meanwhile a neighbouring toddy shop owner raised an objection and filed Writ Petition. In legal proceedings, the Revenue Divisional Officer directed the appellant to shift his shop to some other unobjectionable place. However the appellant could not locate the shop and after issuance of lawyer's notice dated 11.3.1984 filed the above suit for recovery 0/=. In the meanwhile the respondents had also issued a notice directing the appellant to pay a sum of Rs.28,340/= for the notional loss of kist and on his failure, to invoke the Revenue Recovery Proceedings. Therefore the above suit came to be filed.