TMI Blog2013 (12) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... nless the entire amount due from such licencees are paid - In case, such a drastic action is not taken, it would not be possible for the Excise Department to recover the arrears - The chronic defaulters would continue to bid through their Benami, notwithstanding the non-payment of kist amount to the Excise Department - Such practice should be put an end - The petitioner is directed to produce the documents before the respondent to offer as security for due payment of balance amount – Re-auction notification dated 14.11.2013 quashed – decided in favour of Petitioner. - W.P.Nos.31175 & 31176 of 2013 and M.P.Nos.1 & 1 and 2 & 2 of 2013 - - - Dated:- 29-11-2013 - K. K. Sasidharan,JJ. For the Petitioner : Mr. T. P. Manoharan (in both W.P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 03.07.2013 whereby and where under the bid submitted by the petitioner for a sum of Rs.9,01,000/- per month was accepted. She was permitted to run the arrack shop bearing No.4(O), Karuvadikuppam. The petitioner complied with all the terms and conditions of the confirmation order. She was also given confirmation with respect to another arrack shop bearing Nos.3(O), Pillaichavady for a monthly bid amount of Rs.4,50,795/-. The petitioner has been running both the arrack shops from 01.07.2013. 4. The petitioner has deposited a sum of Rs.28,50,000/- by way of Earnest Money Deposit. The respondent was bound to adjust the Earnest Money Deposit towards the monthly lease amount payable by the petitioner for the two arrack shops. The Rules pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rack shops. THE COURSE OF EVENTS: 7. When the writ petitions came up for hearing on 26.11.2013, the learned counsel for the petitioner, on instructions, submitted that the petitioner is prepared to pay the entire balance amount of Rs.39,77,308/- (Rupees thirty nine lakhs seventy seven thousand three hundred and eight only) after adjusting the Earnest Money Deposit and as such, she should be permitted to continue the business in arrack. 8. In view of the submission made on behalf of the petitioner, I have directed the learned Government Pleader (Puducherry) to take instructions as to whether the petitioner could be permitted to run the arrack shops, subject to payment of the entire amount. The matter was adjourned for the purpose of ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t due from such licencees are paid. In case, such a drastic action is not taken, it would not be possible for the Excise Department to recover the arrears. The chronic defaulters would continue to bid through their Benami, notwithstanding the non-payment of kist amount to the Excise Department. Such practice should be put an end. It was only for the purpose of protecting public money, the Excise Department has initiated action, which is challenged in these writ petitions. 12. The petitioner is directed to produce the documents before the respondent to offer as security for due payment of balance amount. In case, such documents are produced, immediately, orders should be issued permitting her to conduct the arrack shops in accordance with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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