M/s. Shanthi Theatre Pep by its Partner S. Balasundaram, Arni v. The Joint Commissioner I, Land Administration Chepauk, Madras
1990-07-09
KANAKARAJ
body1990
DigiLaw.ai
Judgment :- 1. In and by proceedings dated 15-11-1989, the second respondent suspendent 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 res pect 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 whatever 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.