S. Sethuraman v. The Principal District Judge, Dindigul
2007-06-07
K.CHANDRU
body2007
DigiLaw.ai
Judgment :- The petitioner is a licenced stamp vendor for the sale of judicial, non-judicial and court fee stamps and such licence was issued under the Indian Stamp Act and the Stamp Rules. By an order, dated 19.01.2004, issued by the District Registrar, Dindigul, the petitioner was allowed to sell judicial, nonjudicial and court fee stamps in the Court compound at Dindigul. The petitioner is also having licence to sell postal stamps at 14, Saint Marys Building, G.H.Road, Dindigul. Apart from selling both Judicial and non-judicial Court Fee stamps, the petitioner was also selling postal stamps in the court premises for reason best known to him. The local Bar Association have made a complaint to the District Judge alleging that the petitioner is not authorised to sell postal stamps. On the said complainant, the District Judge (the respondent herein) directed the petitioner not to sell any stamps. 2. The learned District Judge has acted on the representation made by the Bar Association. Even in his counter affidavit, he had stated that since the members of the Bar Association are consumers, they are entitled to make their grievance and therefore, the present impugned order has been passed. While passing the order, the learned Principal District Judge has not called for any explanation from the petitioner. Even then, the restraint order was applicable only to the postal stamps. Infact, the impugned order totally deprives the right of the petitioner to carry on his livelihood. The power to sell stamps in the court premises has been authorised by the District Registrar under the said Indian Stamps Act & Rules. Since the impugned order completely restrains the petitioners right to sell the stamp, it suffers from the non-application of mind. 3. At the time of admitting the writ petition, interim stay has been granted on 18.11.2004. The petitioner is carrying on his right to sell the stamps. So, I am not satisfied with the impugned order and it suffers from non-application of mind. If the petitioner violates any condition imposed either by the District Registrar or by the Department of Posts, it is for them to take necessary action under the relevant acts and rules. Further, if the petitioner violates the conditions stipulated in the licence, the same may be brought to the notice of the concerned authority.
If the petitioner violates any condition imposed either by the District Registrar or by the Department of Posts, it is for them to take necessary action under the relevant acts and rules. Further, if the petitioner violates the conditions stipulated in the licence, the same may be brought to the notice of the concerned authority. The learned Principal District Judge could have forwarded the complainant made by the Bar Association to the Department of posts and it is for them to process further in the matter. The petitioner has been issued with licence by the District Registrar and the same has not been cancelled. Under such circumstances, the impugned order is liable to set aside. 4. It must also be stated that the learned District Judge preferred to act merely only on the representation of the Bar Association. He must have also considered the explanation, if any, offered by the petitioner, that has not been done so in the present case. I do not think any harm is done to any one by selling the postal stamps, which would only help the Bar . However, the vendors are given right to sell only such stamps authorised. Under the circumstances, the impugned order is set aside and the writ petition stands allowed. No costs. Consequently, the connected M.P. is closed.