High CourtsSingle Bench(1990) 07 MAD CK 0020

M/s. Shanthi Theatre vs The Joint Commissioner I, Land Administration Chepauk, Madras-5 and another

Madras High Court · Decided on 9 July 1990

HON’BLE JUDGES
Kanakaraj, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 15710 of 1990

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Judgment

10 paragraphs · 238 words

Kanakaraj, J.—In and by proceedings dated 15-11-1989, the second respondent suspended the ''C'' Form licence of the petitioner for a

period of seven days i.e., from 18-12-1989 till 24-12-1989 for certain irregularities. The petitioner filed an appeal before the 1st respondent on 1-

12-1989 and sought for stay of the order of suspension pending the appeal before the 1st respondent. By an order dated 11-12-1989, the request

for stay was not granted. The present writ petition is against the said order of the first respondent dated 11-12-1989. Learned counsel for the

petitioner says that in respect of an identical matter wherein appeal was also filed along with this present appeal before the 1st respondent, the first

respondent had granted stay pending disposal of the appeal. What ever may the facts of the said case, I am inclined to think that when an appeal

like this is preferred, grant of stay is almost automatic. Otherwise, the appeal itself will become infructuous. In this view of the matter, the impugned

order is set aside and I direct the pending disposal of the appeal before the 1st respondent. There will be stay of order of suspension made by

second respondent on 15-11-1989. It is open to the 1st respondent to take up the appeal and dispose of the same at an early date. The writ

petition is allowed. Rule nisi is made absolute. There will be no order as to costs.