V.M. SANKARANARAYANAN Vs. THE DIVISIONAL PROHIBITION OFFICER

JUDGEMENT

(1.) THIS Writ Petition has been filed by the petitioner calling for the records relating to proceedings in Na.Ka.A.No.485/04 on the file of the first respondent, dated 19.10.2007, and quash the same.

(2.) THE petitioner is the successful bidder to conduct Shop No. 21, for vending country spirit in Periyavadalur Village, Trichy District. He was issued with licence for the period from 16.07.1981 to 15.07.1982 by the proceedings of the District Collector, in Na.Ka.No.2 -75771/1981, dated 03.06.1981. Due to the ill -health, he was unable to conduct the shop within the said period. Therefore, the respondent re -auctioned the shop and the third party took the shop on licence and conducted the shop. The petitioner have not paid licence fee for 4 -1/2 months and therefore, his licence was cancelled. The second respondent by notice, dated 08.02.2002, called upon the petitioner to pay a sum of Rs. 1,09,500/ -, being the loss for non -performance by him. The petitioner has paid that amount in installments.

(3.) THE petitioner has challenged the said demand in the present writ petition on the ground that the licence was cancelled as early as on 08.02.2002. The respondents have no power either under the Prohibition Act or under the Tamil Nadu Liquor (Licence and Permit) Rules 1981 or under the Tamil Nadu Revenue Recovery Act to impose interest for the penalty imposed. The unilateral claim of the first respondent without giving an opportunity to the petitioner, is in violation of principles of natural justice. The first respondent has no power to impose interest for the demands relating to the year 1982, in the year 2004. Pending writ petition, the petitioner died and the legal representatives of the petitioner were brought on record as petitioners 2 to 7.