STATE OF TAMIL NADU Vs. BHURAH SHERIFF

JUDGEMENT

(1.) These Writ Appeals arise out of the Common Order in W.P. No. 10048/1999 etc., Batch, whereby the learned single Judge struck down the provision viz., Rule 91B of Tamil Nadu Cinemas (Regulation) Rules, 1955 introduced through G.O.Ms. No. 678, Home (Cinemas-II) Department dated 18.05.1999.

(2.) Brief facts are that Writ Petitioners have obtained contracts from the respective Cinema theatres to establish canteens as well as maintaining the parking lots in cinema theatres. For getting the said contract, they have paid lumpsum amount to the licensee of the theatre and they have been also paying the specified amount on monthly basis for running the canteens and maintaining the parking lots. Apart from paying the licence fee for the theatre, the Writ Petitioners are required to spend huge amount to engage men for the purpose of maintaining the parking area. According to the Writ Petitioners, they are collecting the fee from the vehicles which are parked in the theatre for the services rendered by them and also they are taking care of the said vehicles and seeing that the vehicles are taken out of the theatre after the show is over by the respective owners. Writ Petitioners are collecting the fee from the owners of the vehicles as per the fees collected by the Corporations and Municipalities from the vehicles which are parked on the road in the specified areas. Writ Petitioners are collecting the parking fee of Rs. 5/- from cars, Rs. 3/- from motorcycle and Rs. 2/- from cycle for each show.

(3.) Case of Writ Petitioners is that the Government have issued G.O.Ms. No. 678 Hone (Cinemas-II) dated 18.5.1999 amending the Cinema Regulation Rules by introducing Rule 91B as per which the licensee of a cinema theatre is authorised to collect fees for parking vehicles in the cinema theatre situate in the Corporation and Grade-I Municipalities at the rate of Rs. 3/- from Cars, Rs. 2/- from two wheelers and Rs. 1/- from cycles. In the case of theatres situate in other than the Grade-I Municipalities, the fees to be collected is Rs. 2.50 from cars, Rs. 2/- from two wheelers and Rs. 1/- from cycle and in the case of Panchayat Rs. 2/- from cars, Rs. 1/- from two wheelers and 0.50 paise from cycle. Contending that the impugned amendment restricts the fees to be collected in the manner stipulated has the effect of seriously affecting the business of the theatres, the Tamil Nadu Film Exhibitors Association and the Contractors have filed the Writ Petitions challenging the said Rule.