P. SIVAKUMAR Vs. CHALAKUDY MUNICIPALITY AND OTHERS

JUDGEMENT

(1.) The petitioner is the brother of the owner of a multiplex cinema complex, within the jurisdiction of the 1st respondent. The operation of the three theaters in the complex commenced on 18.12.2014 and has been continued till now. The petitioner challenge the notice issued by the Secretary at Exhibit P15 and the authorization letter P20, which together resulted in the closing down of the cinema theaters.

(2.) The writ petition was filed day before yesterday and though this Court was inclined to grant an interim order, on the specific request made by the learned Counsel for the Municipality it was posted yesterday. A counter-affidavit was filed by the Municipality and considerable arguments were advanced by both sides. Due to paucity of time and also for reason of the Counsel seeking time for clarification; the matter was again posted today. Today after the matter was considerably heard, both Counsel requested that only an interim order be passed. However, this Court is of the opinion that there is no necessity to pass an interim order especially since pleadings are completed and the matter fully heard. Hence it was specifically informed to the Counsel that the writ petition would be disposed of and again permitted to further argue the matter.

(3.) The facts indicate that the theater-complex was granted occupancy certificate by Exhibit P2. They had also obtained the Certificate to 'exhibit approved films', in three screens coming within the theater-complex, from the Ministry of Information and Broadcasting, Government of India, as is seen from Exhibit P3 series. The Electrical Inspectorate had also issued Exhibits P4, P4(a) and P4 (b) certificates of suitability. Sanction was accorded by the Office of the Chief Electrical Inspector as is evidenced from Exhibit P5. The certificate issued by the PWD, Building Section and the No Objection Certificate of the Fire and Rescue Services Department are produced as Exhibits P6 and P7. Based on all these orders, the Secretary of the Municipality issued 'License for Exhibition of Cinematograph Shows' {Exhibits P8, P8(a) and P8(b)} under the Kerala Cinemas (Regulation) Rules, 1975 (the said Rules have been superseded by the Rules of 1988, but the form shows the year of the superseded rules). A consent to operate was issued by the Pollution Control Board, which was valid till 28.02.2017, evidenced by Exhibit P9. The consent has been renewed and the validity extended to 28.02.2020 by Exhibit P10.