T PONNUVELU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner seeks the issue of a Writ of certiorarified mandamus to quash the impugned order of re-auction of arrack shop passed by the second respondent and to direct the third respondent to grant the licence to him in respect of the said arrack shop.

(2.) IN respect of arrack shop No. 4 of Edapadi village, sankagiri taluk, Salem District, there was an auction sale on 30-5-1984 for the excise year 1984-85 and the petitioner's bid of Rs. 13,200/-per month was accepted as the highest bid. On the recommendation of the auctioning authority, the Collector of Salem (third respondent) confirmed the sale in favour of the petitioner. The fourth respondent herein presented a revision to the commissioner, Prohibition and Excise (second respondent) stating that he wanted to bid at the auction and he travelled to the place of auction by bus, but unfortunately the bus broke down and he was able to reach the place of auction only by about 12 noon and by then the auction had already taken place. For the reasons aforesaid the fourth respondent wanted a re-auction to be held and in order to prove his bona fides and fulfil the conditions of the rules, he offered a monthly rental of Rs. 16,650/- and he also deposited three months' rental at the abovesaid rate aswellas a security deposit and earnest money deposit and sought the intervention of the second respondent. The second respondent issued a notice of the petition filed by the fourth respondent to the petitioner. But the petitioner failed to appear for the enquiry. Thereupon, the second respondent considered the claims put forth by the fourth respondent on their merits and passed an order for reauction at 3-45 p. m. Later in the day the petitioner's counsel appeared before the second respondent and gave a petition and requested the second respondent to re-open the case. The second respondent declined to reopen the matter, as there is no provision in the rules for a review of the order already passed. It is thereafter the petitioner has come forward with this writ petition.