KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER was the Proprietor of the Central Theatre in Palghat. It was a temporary cinema as under the Kerala Cinemas (Regulation)Act, 1958, the Act for short. The theatre was however, set on fire by one raveendran on 8-5-1985 and it was completely burned down. A sessions case is pending against Raveendran. The petitioner had applied to the second respondent the Commissioner of the Palghat Municipality for permission to put up a permanent theatre in the site where the temporary cinema was situated. That was in the year 1979 as evident from Ext. P2. The permission was granted and enured till 24-10-1984. Subsequently and on application made by the petitioner, the permission was extended by government till 24-10-1986. The permission is not in force thereafter.

(2.) PETITIONER has started the construction of the theatre and according to him be has spent about Rs. 10 lakhs so far. In the year 1986 when the permission aforesaid was expiring one Balan Vydian and one Ullasan filed a writ petition O. P. No. 7901/86 in this court to restrain the renewal of the licence. Balan Vydian is a tenant occupying a room on the northern side of the site, where the theatre is being put up. A commission was issued by this court and the Commissioner reported on 12-11-1985 the stage at which the construction was, at that time. The petitioners in that original petition had applied for temporary injunction restraining the extension of the period of the permission for construction beyond 24-10-1986. An interim order of injunction as prayed for was passed on 23-10-1986. But it was vacated by the order Ext. P1 dated 17-11-1986. By the said order this court left it to government to take appropriate decision in the matter in accordance with law.

(3.) THE petitioner has filed a petition Ext. P3 before government for review of this order pointing out that government had, "in a similar and identical case" granted extension applying "the provision of R. 13 and 79". Ext. P3 is not yet disposed of. It is still pending.