Periodical inquiry and thorough investigation required in listing ‘Vacate Stay’ applications: Madras High Court
The Madras High Court while passing a judgement on 6th of April, 2023, expressed its discontentment about the efficiency of the Registry in ensuring that the ‘Vacate Stay’ applications undergo periodical inquiry and thorough investigation. This was seen in the case of R. Radha and Anr. v. State of Tamil Nadu and Ors. (W.P.Nos.10599 & 10602 of 2023 and W.M.P.Nos.10550, 10553, 10555 & 10556 of 2023) and the case was presided over by The Honourable Mr. Justice S.M. Subramaniam
FACTS OF THE CASE:
The court was hearing two writ petitions challenging the notices about enhancing the rent of two shopkeepers issued by the Commissioner of the Conoor municipality. The petitioners were depending on an interim order issued by the court in an appeal brought by similarly situated shops, which had granted an interim stay on the notification with the requirement that 50% of the increased rent be paid while the appeal was pending.
The learned single judge after listening to the contentions, pointed out that the interim order the first writ petition was rejected on the basis of merits. The court further said that these interim orders could not be used as precedents that are required to be followed.
The court also expressed its discontentment about the efficiency of the Registry in ensuring that the ‘Vacate Stay’ applications undergo periodical inquiry and thorough investigation. This inefficiency would lead to a lot of financial loss for the State and its organizations and also make it unfair to the parties. Additionally, the court also established that time limit of two weeks as provided under Article 226(3) of the Constitution is mandatory and not directory.
The petitions were thus dismissed.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA