M MUTHUVEL Vs. COLLECTOR PUDUKOTTAI DISTRICT PUDUKOTTAI

JUDGEMENT

(1.) THIS writ appeal is preferred against the Order dated 30th August, 1993 passed by the learned single Judge in W.P. No. 15680 of 1993. As the writ petition has been dismissed, the petitioner has come up in the writ appeal.

(2.) IN the writ petition, the petitioner sought for quashing the proceedings bearing R.C. No. J4/48884 dated 19/8/1993 in respect of shop No. 7, Kottaipattinam Village Panchayat and to further direct respondents 1 to 3 to declare that the petitioner is the auction purchaser in respect of IMFL Shop No. 7 in Kottaipattinam Village Panchayat on the strength of the bid amount of Rs. 5,08,00/- offered by him and grant licence to him under R. 13 of the Tamil Nadu Liquor (Retail Vending) Rules, 1989 (hereinafter referred to as the Rules).

(3.) IT is contended before us that as per R. 10 of the Rules, on the failure of the deposit of the balance of the amount by the highest bidder, the 2nd respondent ought to nave forfeited the earnest money deposit of the highest bidder, viz., Selvam and should have declared the petitioner who had offered the next highest bid, as auction-purchaser and called upon him to pay the balance of the amount, that as the Sale Officer, viz., the 2nd respondent had failed to follow the procedure established under R. 10 of the Rules, the auction sale finalised in favour of the 4th respondent who was the 4th highest bidder, is illegal and is liable to be quashed.