BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01/08/2011 CORAM THE HONOURABLE MR. JUSTICE VINOD K.SHARMA W.P.(MD)No.2209 of 2006 and W.P(MP)(MD)No.2427 of 2006 K.Srinivasan ..Petitioner Vs The District Registrar, Registration Department, Tiruchirappalli, Tiruchirappalli District. ..Respondents. Prayer Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records culminated in the impugned order in No.7945/04/81, dated 02.08.2004 issued by the respondent and to quash the same and to direct the respondent to permit the petitioner to vend judicial,non-judicial and court fee stamps as before. !For Petitioner ... M/s.K.S.Sankhar Murali ^For Respondent ... Mr.D.Muruganandam Addl.Govt.Pleader :ORDER
The petitioner has invoked the writ jurisdiction of this Court, with a
prayer for issuance of a writ in the nature of Certiorari, to quash the impugned
order issued by the respondent in No.7945/04/81, dated 02.08.2004, suspending
the Stamp Vendor licence of the petitioner.
2. The petitioner was granted licence to vend judicial, non-judicial and
court fee stamps on 14.12.1992. The licence was issued under Rule 23(III) of the
Tamil Nadu Stamp Rules. Rule 23 of the Tamil Nadu Stamp Rules permits the
authorities to revoke the licence issued to a Stamp Vendor at any time for
breach of terms or disobedience of the rules.
3. On the allegation that the petitioner was not maintaining regular
register to record the sales of stamps, and Pending enquiry, the respondent
suspended the licence of the petitioner.
4. The only ground on which the impugned order is challenged is that
there is no provision under the rules to suspend the licence as the jurisdiction
with the respondent is only to revoke the licence, on commission a breach of
terms of licence.
5. It is also the contention of the learned counsel for the petitioner
that the general principle, that an authority competent to terminate/cancel can
also suspend, will not apply in case of a Stamp Vendor,as by suspending the
licence, the business of the petitioner comes to a standstill, and give an
arbitrary power to the respondent not to conclude the enquiry or pass final
orders thus defeat the right of the petitioner under the licence. There is force
in the contention of the learned counsel for the petitioner. In absence of power
to suspend, the respondent could only revoke the licence, after recording a
finding of violation of terms for the licence, but it is not open to suspend the
licence, and keep it suspended for indefinite period, in this case it is under
suspension for more than five years.
6. For the reasons stated, the Writ Petition is allowed, the impugned
order is set side.
7. Directions are issued to the respondent to take final decision on the
enquiry regarding revocation of licence of the petitioner, expeditiously, and
in any case, not later than one month from the date of receipt of a certified
copy of this order.
8. Consequently, connected Miscellaneous Petition is closed. No costs.
vsn
To
The District Registrar,
Registration Department,
Tiruchirappalli,
Tiruchirappalli District.