V THAVAMANI AMMAL Vs. TAMIL NADU GOVT

JUDGEMENT

(1.) THE above writ petition is directed against the order of the first respondent in G.O..(D)No. 55. Home (Cin. 1) Department dated 16.2.1993.

(2.) THE case of the petitioner is briefly stated hereunder:-THE petitioner has constructed a permanent A/c Cinema THEatre at K. Pudhur, Madurai District in the year 1986. THE cinema theatre consists of ground floor and first floor. THE petitioner has obtained necessary permission from various authorities for the exhibition of cinema film. He has also submitted a plan for approval before second respondent and the same was approved by him on 24.12.1982. Again, he has submitted a plan for some modification and the same was approved by the second respondent on 27.8.86. THE petitioner has obtained the "C" Form licence from the second respondent on 27.8.86 without any conditions. THE licence was valid from 27.8.86 to 31.7.87 (sic). Again the second respondent has renewed the "C" Form licence from 1.8.87 to 31.7.88 and from 2.8.88 to 8.7.89. It is further stated that the total seating capacity in the first floor was 224. For that purpose, the petitioner has constructed two stair case according to Rule 61 (9) of Tamil Nadu cinemas Regulation Rules, 1955 (in short "the Rules"). While so, the second respondent issued a notice to the petitioner to remove the circular type stair case and the width of the door should be 1.5 metre instead of 1.35 metre. THE second respondent has also renewed the licence from 1.8.88 to 8.7.89. On 28.11.88 the petitioner has submitted a petition for exemption from rule 60(2) and 61(9) of the Rules. Again the second respondent has renewed the licence on various subsequent dates without any condition. On 1 6.2.93 the first respondent has passed an order stating that defects can be rectified without affecting the structural soundness of the building and also with huge expenditure. THE first respondent has requested the second respondent to give six months time to carryout the alterations and thereby rejected the exemption petition filed by the petitioner's manager, against which the petitioner has filed the present writ petition.