PRABHAKARAN Vs. SANKARANARAYANA IYER

JUDGEMENT

(1.) The Executive Authority of the Ettumanur Panchayat prosecuted the accused who is the proprietor of the Kailas Picture Palace for failure to take out a licence as provided in S.6 of the Travancore-Cochin Places of Public Resort Act, VIII of 1951, an offence punishable under S.13. It was admitted that no licence was taken and that the cinema was conducted. The defence plea was that having taken out necessary permission under the Kerala Cinemas (Regulation) Act - Act XXXII of 1958 - there is no need for a separate licence under S.3 of the Places of Public Resort Act and that S.6 of Act XXXII of 1958 specifically excludes the operation of the provisions of the Places of Public Resort Act. The learned Magistrate upheld the contention and acquitted the accused. The Panchayat after having obtained special leave has come up in appeal. The appeal has been referred to the Division Bench as the question involved is one of general importance.

(2.) The question that arises for determination is whether a separate licence under the Places of Public Resort Act is necessary. The Kerala Cinemas (Regulation) Act of 1958 was enacted to provide for the regulation of exhibitions by means of cinematograph. S.6 provides that:

(3.) We might in this connection usefully compare the provisions of Madras Cinemas (Regulation) Act, IX of 1955 which had been followed in the Kerala Act When Act IX of 1955 was originally enacted its provisions regarding the approval of the site were to be applied conjointly with the provisions contained in several other enactments including the Madras Places of Public Resort Act, 1888. In that situation a person desiring to exhibit a film in a theatre had to obtain a licence from the appropriate authority under the Places of Public Resort Act in relation to the places where the films were to be exhibited. This led to delay and more than that inconvenience to the applicants for licence and occasionally want of co-ordination among the several authorities. The legislature remedied the situation by introducing a new section, S.5A in the -Madras Act IX of 1955 by the amending Act, Act XXI of 1956 S.5A runs: