G MOHANAN Vs. DISTRICT COLLECTOR WAYANAD

JUDGEMENT

(1.) This Writ Appeal is preferred by the writ petitioner in O.P. No. 6212 of 1990 against the judgment rendered therein on 19-7-1990. By that judgment, the learned single Judge dismissed the writ petition. The appellant-writ petitioner is the owner of a cinema theatre namely 'Vinod Talkies' in Kenichira Panchayath, Wayanad District for the last 20 years and has a temporary licence duly renewed from time to time. The appellant-petitioner has questioned the permission granted to the third respondent by the Panchayat Board, Kenichira on 28-2-1989 for construction of a temporary cinema theatre, and for quashing the order, Ext. P2 dated 2-7-1990, of the District Collector, Wayanad dismissing the Revision Petition filed by the appellant.

(2.) It appears that the Special Executive Officer, Poothady Panchayat came to the conclusion that the distance between the appellant's temporary cinema theatre and the proposed theatre of the third respondent was beyond 800 metres. However, it appears that the Village Officer, Poothady, measured the distance as the crow flies, and came to the conclusion that the distance was 712 metres which come within the prohibited distance of 800 metres as specified in Rule 28(2) of the Cinema Regulation Rules, 1988 made under the Kerala Cinemas (Regulation) Act, 1958. The Collector in Revision filed under S. 5 of the Act dismissed the Revision under Ext. P2 order dated 2-7-1990. Of course he was of the view that the difference of 88 metres between the actual and prohibited distances did not matter, as the theatre was in a hilly area, and one theatre was not visible from the other, and therefore there was no question of any sound or other problem. He therefore stated that he is permitting the theatre to be completed, and the revision was dismissed. In the meantime, the third respondent had spent more than three lakhs of rupees and completed the construction of the theatre.

(3.) In this Writ Appeal, the only point for consideration is whether the finding of the Special Executive Officer, Poothady Panchayat, that the theatre is located beyond 800 metres is to be accepted or not or whether the finding of the Village Officer that the distance is 712 metres is to be accepted or not, having regard to the relevant rules made under the Kerala Cinemas (Regulation) Act, 1958.