K R SATHYABHAMA Vs. DIST MAG COORG

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioner has sought for a writ in the nature of mandamus to the District Magistrate, Madikere Dist, (hereinafter referred to as the 'DM'), respondent No. 1 to consider and dispose of the applications made by her and respondent No. 2 for grant of 'No Objection Certificates' (hereinafter referred to as the 'NOC') made under the provisions of the Karnataka Cinemas (Regulation) Act, 1964 (hereinafter referred to as 'the Act') and the Rules, together.

(2.) On 10-8-1981, respondent No. 2 made an application for grant of an NOC for constructing a permanent cinema theatre on lands bearing Sy. Nos. 85/1, 85/2 and 85/3 of Kushalnagar Town, Madikere Dist., the substance of which was notified by the DM in the notification dated 12 10-1981 published in two Kannada dailies called 'Shakti' and 'Navashakti' dated 23rd and 24th October, 1981. In response to the said notification of the DM inviting representations and objections, the petitioner who is running a touring talkies in the same town, did not file her objections.

(3.) But, almost on the eve of consideration of the application of respondent No. 2 by the DM, the petitioner made an application on 16 11-1981 before the DM for grant of an NOC for running a permanent cinema theatre on an entirely different site of the same town. So far, the said application made by the petitioner has not been notified by the DM.