COLLECTOR THIRUVAIYARU TALUK Vs. S SWAMINATHAN

JUDGEMENT

(1.) THE respondent herein filed a writ petition seeking for the relief of writ of certiorarified mandamus to quash the order of the second appellant " the Assistant Commissioner of Excise, Thanjavur District dated 02.12.2002 and direct the appellants to refund the amount remitted by the respondent in regard to IMFL shop No.78, Thiruvaiyaru town, Thanjavur district together with interest at the rate of 24% per annum within a reasonable time.

(2.) THE said relief was sought for on the premise that the appellants herein notified in Form I of the Tamil Nadu Liquor Retail Vending Rules, 1989 (IMFL Rules) in Notification dated 10.07.2002 number of shops for granting of IMFL licence for the excise year 2002-03 under lot system in respect of Thanjavur district. Four shops have been notified for Thiruvaiyaru area which is part of the Thanjavur district as against three shops notified for the previous excise year. THE respondent applied for shop No.78 at Thiruvaiyaru and deposited 50% of the privilege amount, i.e., Rs.5,17,500/-. He was declared as successful bidder in the lot. As the issue regarding granting of licence was seized of by the apex Court, it appears that the respondent requested the appellants to postpone the time for applying for licence until the Supreme Court finally decides the issue. But the licensing authorities issued letter directing the respondent to locate the shop immediately. In the circumstances so prevailing the respondent was compelled to apply for temporary licence upto 13.11.2002 as per the interim orders of this Court.

(3.) ON a reading of the Supreme Court judgment referred to supra, we are not able to accept the contention of the learned counsel for the appellants.