Union of India, Rep. by the Chief Secretary to Government, Government of Pondicherry v. Cricket Association of Pondicherry (Reg. No. 178 of 2003), Rep. by its Honorary Secretary V. Chandran
2021-02-04
SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
body2021
DigiLaw.ai
JUDGMENT : Sanjib Banerjee, J. (Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 12.12.2020 made in WMP Nos.23319 and 23321 of 2020 in W.P.No.18763 of 2020.) 1. The appeal is directed against an interim order of December 12, 2020. 2. At first blush, the order impugned appears to be unjustified since it does not disclose any reasons. However, merely because a Court has failed to give reasons in support of an order in favour of a deserving party would not imply that such party cannot be heard to sustain the order on justifiable grounds. 3. The respondent-writ petitioner refers to an executive order passed on November 12, 2020, which is extracted at page 52 of the appeal papers. It appears that the Lieutenant Governor of Puducherry required an FIR to be registered for the writ petitioner having allegedly trespassed into government lands and water bodies. Whether or not there may have been sufficient basis for lodging the FIR, it appears that the Lieutenant Governor directed the perceived violator to stop further activities at the premises and in aid of such direction, the electricity connection to a cricket ground was discontinued without so much as a by-your-leave or notice to the persons affected thereby. 4. Such a drastic executive order in flagrant disregard of the principles of natural justice had to be stayed for the mere asking. In the light of there being such ground to sustain the impugned order, the Appellate Court is duty-bound to supplant reasons where none exists, so that a deserving litigant is not prejudiced by any failure on the part of the Court of first instance. 5. Prima facie, there appears to have been sufficient basis for the impugned order to have been made. In such circumstances, such order cannot be interfered with at this stage. 6. However, to the extent that the appellants herein urge other grounds to suggest that the impugned order cannot continue to operate and since the matter is now before another Division Bench, liberty is given to the appellants to apply for vacating the order impugned dated December 12, 2020 before such Bench, for such Bench to take appropriate action in accordance with law. 7. It is made clear that the observations herein are only prima facie to sustain an ad-interim order. 8.
7. It is made clear that the observations herein are only prima facie to sustain an ad-interim order. 8. In view of the limited scope of the appeal, W.A.No.261 of 2021 is disposed of without any order as to costs. As a consequence, CMP No.1089 of 2021 is closed.