P.D.Dinakaran, J: The appeal is directed against the order dated 24.12.1998 in W.P.No.12037 of 1991 filed by the respondent herein. The respondent herein filed the above writ petition seeking writ of mandamus to direct the appellants herein to forthwith refund the privilege amount of Rs.98,000 deposited by the respondent herein on 30.10.1990 and the initial amount of deposit of Rs.5,000 with interest at 18% per annum from the date of deposit till the actual payment to the petitioner without reference to notice dated 26.12.1990 issued by the first appellant herein namely the District Collector, Salem.

2. By notice dated 26.12.1990, the first appellant / District Collector, exercising his power conferred under Rule 15(1) of the Tamil Nadu Country Liquor (Retail Vending) Rules, 1990 (hereinafter referred to as “the Rules”), required the respondent / writ petitioner to show-cause against the proposed confiscation of the privilege amount with respect to arrack shop No.160 located in Ward No.9, Mecheri town panchayat, Mettur taluk, Salem district on the ground that even though licence was confirmed in favour of the respondent / writ petitioner, he had not chosen to locate the shop within

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