LAWS(MAD)-2004-8-43

GAJAPATHY Vs. STATE OF TAMIL NADU

Decided On August 27, 2004
GAJAPATHY Appellant
V/S
STATE OF TAMIL NADU REP. BY SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) SEEKING a writ of mandamus directing the respondents to pay interest at the rate of 8% on Rs.9,10,987/-, which was originally deposited by the petitioner, who was a successful bidder of a country liquor retail vending Shop No.74 of Egmore-Nungambakkam Taluk, Madras District, for the Excise year 1990-91, the petitioner has brought forth this writ application.

(2.) IT is alleged by the petitioner that after the issuance of the licence, the petitioner suffered a suspension of the same, and subsequently, the same was also cancelled; that he filed a writ application before this Court in W.P.No.9857 of 1991 for quashing the said suspension order along with a prayer for the refund of the sum of Rs.9,45,182/- remitted by him, with interest; that this Court by a judgment dated 30.10.1998 disposed of the petition with a direction to the respondents to consider the representation of the petitioner, if any and dispose of the same within a period of two months; that since a delay was noticed, a contempt application was filed before this Court; that in the meanwhile, the principal amount was refunded; that this Court in that contempt application made an observation that the question as to the payment of interest was kept open, and the petitioner was at liberty to make any representation in that regard; that accordingly, a representation was made, and the same was rejected by an order of the first respondent, which is the subject-matter of challenge in this writ petition.

(3.) IN the result, this writ petition fails, and the same is, accordingly, dismissed. No costs.