M. Kadar Mohideen v. The Joint Commissioner of Civil Supplies Chepauk & Another
2008-06-11
A.KULASEKARAN
body2008
DigiLaw.ai
Judgment :- The learned counsel appearing for the petitioner submitted that as against the order dated 23.05.2008 passed by the second respondent, suspending the licence granted to the petitioner for three months, the petitioner has filed appeal before the first respondent on 06.06.2008; that along with the appeal, the petitioner has also filed necessary applications for interim stay, but the first respondent has neither granted interim order nor rejected it; that when a statutory appeal against the order of suspension of licence is filed, the appellate authority ought to have passed an order either way, but in this case, the first respondent has not passed any order till date; that clause 27 (4). of The Tamil Nadu Kerosene (Regulation of Trade) Order 1973 contemplates that pending disposal of appeal under sub-clause 2 (1) all proceedings for revision under sub-clause (2) to the authority specified in sub-clause (1) or the Commissioner or the Joint Commissioner of Civil Supplies the Government as the case may be, may by an order, direct that (i) the whole or any part of the order covered by the appeal or revision shall not take effect subject to such conditions as may be specified; or (ii) issue such interim directions as he or they may so deem fit pending disposal of the appeal or the proceedings for revision or for any specified period, but in this case, the appellate authority has not passed any order either way; that if the first respondent / appellate authority fails to give interim order, the very appeal will become infructuous, and prayed for allowing of the writ petitions. 2. On the above contention, this Court heard the learned Government Advocate appearing for the respondents and perused the materials placed. 3. This Court carefully considered the argument of counsel for both sides. The legislature expressed its wisdom conferring the power to the appellate authority under The Tamil Nadu Kerosene (Regulation of Trade) Order to consider the interim relief pending appeal and not passing any order in the application/petition filed seeking interim relief or delaying the disposal of the appeal amounts to denial of justice. It is averred by the petitioner that if the interim stay sought for by the petitioner is not granted, the appeals would become infructuous. Hence, there will be an interim stay of suspension till the disposal of the appeals by the first respondent.
It is averred by the petitioner that if the interim stay sought for by the petitioner is not granted, the appeals would become infructuous. Hence, there will be an interim stay of suspension till the disposal of the appeals by the first respondent. The first respondent / appellate authority is directed to dispose of the appeals filed by the petitioner within a period of eight weeks from the date or receipt of a copy of this order. 4. With the above direction, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.