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2007 Supreme(Mad) 1317

SUDHANSU JYOTI MUKHOPADHAYA, V.DHANAPALAN
The Commissioner of Prohibition and Excise Madras & Others – Appellant
Versus
N. Velappan Nair – Respondent


Advocates:
For the Appellants:G. Sankaran, Additional Government Pleader. For the Respondent:G.S. Thamby, Advocate.

Judgment :-

V. Dhanapalan, J.

The respondents in W.P. No.12661 of 1993, aggrieved by the order dated 04.09.1997 passed by a learned Single Judge in the said writ petition, have preferred this writ appeal.

2. The facts, in brief, leading to the present writ appeal are, as under and the parties are referred to as per their ranking in this writ appeal.

The respondent was a licencee to run nine arrack shops and five toddy shops in Vilavancode Taluk. For the excise year 1982-83, on his failure to remit the monthly kist for November 1982 for five arrack shops and five toddy shops, the third appellant had sent a show-cause notice to the respondent asking as to why his licences should not be cancelled and also as to why re-auction should not be conducted. Since there was no reply from the respondent, the authorities cancelled the licences and notified resale of shops on 211. 1982. Meanwhile, the respondent filed O.S. No.605 of 1982 before the District Munsif, Kuzhithurai, seeking an order of injunction and got an order of interim injunction. However, the suit was dismissed subsequently with a direction to the respondent to remit the entire arrears of rent before 23.01.1983 and the third app































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