LICENSEE Vs. DISTRICT COLLECTOR DINDIGUL DISTRICT

JUDGEMENT

(1.) THE petitioner has filed the present Writ of Certiorari praying to call for the records of the Respondent made in his proceedings in Roc.No.43772/01-19 dated 22.06.2003 for suspending the 'C' Form license of the Petitioner's THEatre called Ramesh THEatre at Palani for 5 days viz., 15.07.2003 to 19.07.2003 and to quash the same.

(2.) THE Learned counsel for the Petitioner submits that the impugned order of the Respondent in Roc.No.43772/01-19 dated 22.06.2003 in regard to the suspension of C-Form License of the Petitioner's Ramesh THEatre at Palani District for 5 days 15.07.2003 to 19.07.2003 is an illegal and arbitrary one and the said order is not valid in law because of the simple fact that the Respondent failed to decide the issue whether the compounding of an offence made in the present case comes within the ambit of Section 9(1) of the Tamil Nadu Cinemas (Regulations) Act, 1955 and in the absence of such a determination, the Authority concerned has no jurisdiction to suspend the license in issue.

(3.) EXPATIATING his arguments, it is the submission of the Learned counsel for the Petitioner that the alleged offence said to have been committed in the present case is not punishable under the Tamil Nadu Cinemas Regulation Act 1955 and the Rules by way of suspending the Theatre since as per Section 9(1) contemplated only, the holder of a license has been convicted of an offence under clause (a) or clause (b) and (c) of Section 14 of the Tamil Nadu Entertainments Act, 1939 or has been permitted to compound offence as per Section 15 of the said Act.