NARAYANA PILLAI Vs. DISTRICT COLLECTOR NAGERCOIL

JUDGEMENT

(1.) There is no pale of controversy that the respective petitioners in all these writ petitions had been granted licence for a period of one year relatable to 1984-85. For contravention of the provisions of Tamil Nadu Essential Trade Articles (Regulation of Trade) Order, 1984 (for short '1984 Order'), licence of the respective petitioners in all these writ petitions under Clause 19(2) of 1984 Order had been suspended for a period not exceeding 90 days and within three days of such suspension, the grounds for such suspension had been communicated to each of them. For effecting the interim suspension not exceeding the period of 90 days, no opportunity need be given before ever such an order is passed and what is required under sub clause (2) of clause 19 of 1984 order is that the grounds of suspension have to be communicated within a period of three days from the date of suspension. Only for taking action under sub-clause (1) of clause 19 of 1984 order, an opportunity has to be given and after giving an opportunity, it is permissible for the authorities concerned to pass an order canceling or suspending the licence beyond the period of 90 days.

(2.) All these petitions are directed against the interim suspension for a period not exceeding 90 days under sub clause (2) of clause 19 of 1984 Order. Since the grounds of suspension had been admittedly communicated to each of the respective petitioners in all these writ petitions within a period of three days from the date of suspension, no further compliance is required in the sense of giving an opportunity of being heard before ever such an order of suspension is made. As such, the order effecting interim suspension of the licence in respect of the petitioners in all these writ petitions is sustainable.

(3.) Further there is no question of any final order to be passed under sub-clause 1 of clause 19 of 1984 Order since the licence period itself is over. In such state of affairs it goes without saying that all these writ petitions have become infructuous. In that view of the matter, all the writ petitions are dismissed as infructuous. No costs. Petition dismissed.