LAWS(MAD)-2000-6-38

LICENSEES SRI DEVI THEATRE ARAKONAM Vs. COLLECTOR VELLORE

Decided On June 23, 2000
LICENSEES, SRI DEVI THEATRE, ARAKONAM Appellant
V/S
COLLECTOR, VELLORE Respondents

JUDGEMENT

(1.) The above writ petition is directed against the order of the Collector of North Arcot Ambedkar District, Vellore made in his proceedings dated 1-7-93 suspending the "C" Form licence of the petitioner's permanent Cinema theatre called "Sri Devi Theatre" in Palanipet, Arakkonam for 5 days from 1-8-93 to 5-8-93.

(2.) The case of the petitioner is as follows :- The petitioners are licensees of permanent cinema theatre called 'Sri Devi Theatre' in Palanipet, Arakonam. They have been running the theatre in accordance with the Rules and Regulations and the conditions of the 'C' Form licence. While so, the respondent in his proceedings dated 1-7-93 suspending the 'C' Form licence of the theatre for 5 days from 1-8-93 to 5-8-93 on the ground that at the time of inspection by the Entertainment Tax Officer on 17-2-93, they noticed that the licensee admitted 84 persons without valid tickets, for that the compounding fee of Rs. 500/- was collected by them. In order to avoid unpleasant events during the show time and with compulsion, the petitioners paid a compounding fee of Rs. 500/-. Against the said order of compounding, the petitioners preferred an appeal to the Assistant Commissioner of Commercial Taxes, Vellore and the same is pending. While at this stage, without giving any show cause notice calling for explanation, the respondent herein passed the order of suspension of 'C' Form licence for 5 days under Section 9(1) of the Tamil Nadu Cinemas (Regulation) Act, 1955.

(3.) The respondent has filed a counter affidavit disputing various averments made by the petitioner. At the time of inspection, the inspecting officers found that 84 persons were admitted without tickets and in excess of the entries in the daily collection register. The offence was compounded by the licensee of the theatre for Rs. 500/-. Admitting excess persons in the Auditorium without proper ticket is an offence punishable under Section 14(1)(a) of Tamil Nadu Entertainment Act, 1939. As it has been brought to the notice of the licensing authority, that the writ petitioner had compounded such an offence, the provision of Section 9(1) of the Tamil Nadu Cinema (Regulation) Act, 1955 were invoked. He passed orders suspending 'C' form licence of the theatre in proceedings dated 1-7-93 for a period of 5 days. The respondent is fully justified in passing the impugned order, more particularly in view of the admission of the guilt and compounding for violation of the provisions of the Tamil Nadu Entertainment Tax Act and there is no merit in the writ petition.