V UTHIRAYAMUTHU Vs. DISTRICT COLLECTOR KANYAKUMARI DISTRICT

JUDGEMENT

(1.) V. Uthiyamuthu (petitioner) was the licensee of IMFL Shop No. 1, Villukury, Kalkulam Taluk under Licence No. 16/KAL/92-93. The licence period was to expire on 31-5-1993. He, it is said, filed an application for renewal on 30-4-1993 to the Assistant Commissioner (Excise), Nagercoil, Kanyakumari district (second respondent), after duly remitting a sum of Rs. 1,55,250/- towards the privilege amount, which is 15% more than the existing amount, the licence fee of Rs. 2,500/- and Rs. 100/- towards application fee, in accordance with the provisions adumbrated under sub-clause (1) of Rule 14 of the Tamil Nadu Liquor (Retail Vending) Rules, 1989 (for short 'the Rules').

(2.) The second respondent, on receipt of the renewal application, it is said, was stated to have issued a notice to him on 8-5-1993 directing him to show cause why the grant of renewal should not be withheld within seven days from the date of receipt of the said notice besides directing him to appear for an enquiry on 17-5-1993 at 3 PM alleging certain accusations as below; (1) Certain criminal cases were stated to have been pending against him, as reported by the Superintendent of Police, Kanyakumari District at Nagercoil (third respondent); (2) He was responsible for the communal clashes that took place in Villukury.

(3.) Apart from accusations as above, the inspection stated to have been made by the second respondent of his shop on 17-4-1993 revealed certain irregularities as under.