This writ appeal has been filed against the impugned judgment dated 5.8.2003. Heard the learned counsel for the parties.

2. The facts of the case are that on 10.7.2002, the Collector invited applications for grant of privilege of retail vending of Indian Made Foreign Liquor under the Tamil Nadu Liquor (Retail Vending) Rules, 1989. The respondent/writ petitioner applied under Rule 13(1) on 18.7.2002 and remitted 50% of the privilege amount. It is alleged that the dates for drawal of lots were fixed on 22.7.2002 and 23.7.2002, but the draw was not held on the said dates. The writ petitioner intimated to the authorities on 23.7.2002 and subsequently also on 29.7.2002 that he was withdrawing the application. However, the order dated 4.9.2002 was passed forfeiting the amount deposited by the petitioner.

3. The writ petition was filed, which has been allowed by the learned single Judge. Hence, this appeal.

4. Rule 13(2) of the Rules states,

"when the number of eligible application does not exceed the number of shops notified for an area, all applicants shall be selected for grant of privilege."

5. A careful perusal of the language used in this Rule shows that there must be a sep