K PICHAI PILLAI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE plaintiff in the Suit is the appellant in the Second appeal.

(2.) THE suit was filed by the plaintiff for permanent injunction against the defendants from proceeding with revenue recovery proceedings. THE case of the plaintiff is that he was successful auctioner of toddy shop for the year 1983-84. Due to default of kist from September 1983, the licence was cancelled and the defendants have re-auctioned the shop in which process they have sustained damages to the extent of Rs. 11 ,500 / -. THE said auction was taken by the defendants under the provisions of the Tamil Nadu Prohibition Act and the Rules framed thereunder. THE second defendant has passed an order on 15. 06. 1984 marked as Ex. B. 12, demanding the recovery of the said amount of Rs. 11 ,500 /-, as a loss of revenue caused to the Government due to the conduct of the plaintiff. THEreafter, a notice under Form IV was sent on 20. 01. 1986 under Ex. B15 and these notices were sent under the provisions of the Tamil Nadu Prohibition Act and the Rules framed thereunder. Ultimately, since the amount was not paid, the second defendant has issued a notice under the Revenue Recovery Act on 14. 09. 1987 marked as Ex. A. 1, which has resulted in filing of the suit for permanent injunction.

(3.) I have heard the learned counsel for the appellant as well as the respondents.