T CHANDRAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The same petitioner has filed three writ petitions. The basic facts in the three writ petitions are same. Pursuant to the notification for grant of retail vending of IMFL shop, wherein the petitioner filed an application for allotment of shop in Perumathur Village Panchayat. By order dated 2.9.2002, the petitioner was informed that he had been selected for the grant of licence of one IMFL shop for the Perumathur Village Panchayat area. On the basis of such intimation, the petitioner made further deposit including the balance privilege amount. Thereafter the petitioner selected a shop as per Rule 13(7) of the Tamil Nadu Liquor (Retail Vending) Rules, 1989 (hereinafter referred to as the Rules ) and entered into a lease agreement and filed necessary application for the grant of licence in Form VII under Rule 13(8). In normal course, the licence should have been granted in three days, but there was undue delay. Thereafter the petitioner filed W.P.No.37164 of 2002 on 25.9.2002 for giving a direction to the Assistant Commissioner (Excise), Cuddalore District to grant licence for retail vending of Indian Made Foreign Liquor shop in Perumathur Village Panchayat area. Subsequently, the District Collector, Cuddalore passed an order dated 7.10.2002 cancelling the order dated 2.9.2002, whereunder IMFL shop had been allotted to the petitioner. Aggrieved by the said order, the petitioner has filed W.P.No.39346 of 2002 for quashing the order dated 7.10.2002 having reference NK.R.54974/02. In the meantime on 18.12.2002 the first respondent issued a Revised Notification calling for applications for grant of privilege of retail vending IMFL shop including Perumathur village and date of auction was to take place on 23.12.2002. Aggrieved by the renotification, the petitioner has filed W.P.No.46074 forbearing the respondents from auctioning the shop in Peramathur Village Panchayat.

(2.) The main contention of the petitioner is to the effect that since the area in question had already been notified to be coming within Peramathur Village Panchayat and notification for locating liquor shop has been issued pursuant to which the petitioner had made all arrangements, there is no justification on the part of the respondents not to grant licence and the subsequent order passed by the Collector is without jurisdiction.

(3.) A counter affidavit has been filed in W.P.No.37164 of 2002, wherein it is indicated that initially there was delay in grant of licence as a representation had been filed by one P. Durairaj, who was a licencee of Vadakkuthu IMFL shop and in W.P.No.35384 of 2002, a direction had been issued to consider the said representation and therefore, the licence had not been issued to the petitioner at that stage. It is further stated that :