BHASKAR TOURING TALKILES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On I.A. IX In this writ petition, the petitioner, who is the owner of a touring talkies, has challenged the validity of rule 107 of the Karnataka Cinemas (Regulation) Rules, 1971. This application is filed under Order I Rule 10 CPC by three permanent cinema owners praying for a direction that they be impleaded as respondents to the writ petition. This application is resisted by the petitioners.

(2.) Sri K K. Venugopal, learned counsel for the applicants submitted that rule 107 (1) (a) of the Rules specifically prohibits the location of a touring cinema within a distance of 1.6 kilometres from the location of a permanent cinema and rule 107 (1)(b) of the Rules prohibits the location of a touring cinema in and within a distance of 1.6 kilometres' from the limits of towns and cities having a population of 15,000 or more and, therefore, the applicants being permanent cinema owners are necessary parties or in any event proper parties to the writ petition as the rule is framed for their benefit and in any event they are prope r parties to the writ petition.

(3.) The contention urged by Sri B. G Sridharan, learned counsel for the petitioner is that the applicants are neither necessary nor proper parties and, therefore, the application is liable to be rejected.