R RAMU Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THESE two writ petitions have been filed by the very same petitioner though relating to different arrack shops. Writ Petition No. 12943 of 1990 relates to arrack shop No. 12, at Alangudi Village in Valangaiman Taluk, Thanjavur District. Writ petition No. 12944 of 1990 relates to arrack shop No. 11 at Alangudi village, Valangaiman Taluk, Thanjavur District.

(2.) THE petitioner participated in the auction held on 29.5.1981 and made an offer for Rs. 46,000/- in respect of arrack shop No. 12 and Rs. 38,100/- in respect of arrack shop No. 11. THE petitioner would claim that the bid was offered by him as above on the view that the rental offered was for the whole excise year as against the assumption of the sale officer that it was a monthly rental. THE moment he realised the stand taken by the sale officer immediately after the auction was over, he withdrew his offer at the closure of the auction for the day and before acceptance by the Sale Officer?. In view of the said development and course of action, the petitioner has not even remitted the half month's rental as contemplated under Rule 15 of the Tamil Nadu Toddy and Arrack Shops (Disposal in Auction) Rules, 1981.

(3.) THE impugned orders are hereby quashed. THE writ petitions are allowed and the petitioner cannot be made liable for the notional loss, but the quashing of the impugned order or the allowing of the right petitions as above shall not affect the right of the respondents to forfeit the earnest money deposit in respect of two shops and the petitioner would not be entitled to the refund of the said amount. No costs.