- (1.) The petitioner has filed this writ petition for the issue of a writ of certiorari to quash the proceedings of the first respondent dt. 10-9-1982 suspending the petitioner's licence to vend arrack for the excise year 1982-83.
(2.) The sixth respondent herein made a surprise inspection of arrack shop No.11 of Hosur Town in Dharmapuri district on 20-8-1982 at about 10 a.m. along with the third and fifth respondents. At the time of the inspection one Raja was found selling arrack in the above arrack shop of which the petitioner is the licencee for the year 1982-83 and six plastic cans of 50 litres capacity each fitted with taps were found in the adjoining room within the licenced premises. Of them three cans were found to contain illicit arrack of 10, 5 and 12 litres. As the arrack is to be sold in bottles as bottled by the blending unit and no arrack shall be sold loose, the petitioner was found to have contravened R.12 of the Tamil Nadu Arrack (Retail Shop) Rules 1981, hereinafter referred to as the Rules. Immediately the cans were entrusted to the Inspector of Police Prohibition Enforcement Wing, Hosur for registering a case and the third respondent was asked to initiate action against the petitioner for contravention of the rules through the licencing authority, viz. the first respondent. Accordingly the first respondent ordered suspension of the licence in his proceedings dated 10-9-1982, after issuing a show cause notice to the petitioner and after persuing his explanation. According to the petitioner, Raja who is found to have sold arrack within the premises was not under his employment, that he is not connected with the six cans said to have been found by the inspecting staff that he is not selling any loose arrack in his shop and that he is selling bottled arrack as supplied by the wholesale arrack vendor. Aggrieved by the said said suspension, the present writ petition has been filed.
(3.) Though in the writ petition the petitioner has denied that the cans containing illicit arrack were found in his shop and that the man who was found selling illicit arrack was not under his employ, it is not possible for this court to go into the truth or otherwise of the allegations set out in the show cause notice in these proceedings as grounds for suspension of the licence. Further, since the matter is pending consideration by the authorities, this court cannot investigate that question of fact at this stage.;