NEW ROYAL TALKIES Vs. DISTRICT COLLECTOR THIRUNELVELI

JUDGEMENT

(1.) THE respondent licensing authority in each of the above writ petition had sent a communication dated 20.2.93 to all the "C" form licence holders. THE circular is identical. Under the said circular the licensees are informed that it is brought to the notice of the licensing authority that the licensees are charging fee for parking cycles, scooters and other vehicles and this act of the licensees is in violation of condition No. 16 attached to the "C" form licence, as such a right to collect the money is not specifically provided for. THErefore the licensees are informed that if they indulge in collecting parking fee for the purpose mentioned above, action will be taken against them in accordance with the Tamil Nadu Cinemas (Regulation) Act, 1955 for violation of the licence conditions. This circular, which is common and addressed to various licensees, is being challenged in all the above writ petitions. Heard the learned counsel on either side.

(2.) IT appears that condition No. 16 as it stood originally and attached to the licence empowers the licensee to collect a fee not exceeding 5 N.P. for each cycle kept in the cycle stand situated in the theatre complex. This condition appears to have been in force upto the year 1967. In W.P.No.3352 of 1965 this condition was challenged by a licensee and this court by judgment dated 26.3.68 quashed the said condition so far as it restricts the licensee from collecting anything over and above 5 N.P. per cycle kept in the cycle stand. This judgment appears to have become final. Thereafter G.O.Mn .No.762 dated 18.10.69 was brought Into force Under this Government Order condition No. 16, as it stood upto the year 1967, underwent a change. The change was that, the restriction imposed on the Licensees not to collect a fee in excess of 5 N.P. for each cycle kept in the cycle stand, was totally omitted. In all other aspects, condition No. 16, as it stood originally, remained unaltered. On the ground that condition No.16, as it stood after the amendment referred to above, does not specifically provide for, the licensees to collect any parking fee at all in respect of the vehicles brought into the theatre complex and noticing that all the "C" Form licence holders are collecting various amounts as parking fees, the circular challenged in each of the above writ petition had come to be issued.