LAWS(MAD)-2012-2-357

S SUGUMAR Vs. DISTRICT COLLECTOR KANCHEEPURAM DISTRICT

Decided On February 20, 2012
S. SUGUMAR Appellant
V/S
DISTRICT COLLECTOR KANCHEEPURAM DISTRICT Respondents

JUDGEMENT

(1.) HEARD the learned counsels appearing for both sides.

(2.) THIS writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus directing the respondents to issue a licence, in the name of the petitioner, to enable him to run the bar at the retail outlet Shop No.4331, situated at No.357, G.S.T. Road, Urapakkam, Kancheepuram District, for a period of one year from the date of the issuing of the licence.

(3.) THE learned counsel appearing for the respondent Corporation had submitted that, in clause 2 of the application form for participating in the tender, it has been stated that the auction was being held 'for the bar attached to the retail vending shop'. However, Rule 10 of the Tamil Nadu Liquor Retail Vending Rules, 2003, states that 'the bar shall lie within the shop or adjoining the shop'. In the present case, the bar is situated at a place adjoining the retail vending shop. THErefore, it was proposed to issue the licence in the name of one Balathandayutham, who was the highest bidder in the auction held, on 25.11.2011, as he had quoted the highest bid of Rs.1,81,500/-, whereas the petitioner had quoted Rs.1,80,100/-. THErefore, the writ petition filed by the petitioner is devoid of merits and therefore, it is liable to be dismissed.