M RAMALINGAM PETITIONER Vs. DISTRICT COLLECTOR OF KANCHEEPURAM

JUDGEMENT

(1.) THE petitioner prays for the issue of a Writ of Mandamus directing the first Respondent, Licencing Authority to forthwith renew licence of the petitioner's "C" Form Licence, Thirumalai Talkies, Kottivakkam till 1.7.2004 without insisting upon the petitioner to produce a fresh renewal lease dated of the site.

(2.) HEARD the learned counsel for the petitioner and Mr. M.S. Palanisamy, learned Special Government Pleader appearing for the first respondent, Mr. Sivasankaran, learned Counsel appearing for the Respondents 2 to 6.

(3.) IN the light of the above pronouncement and earlier Division Bench pronouncement, this Court holds that the view taken by A. Thangamani, J., is no longer a good law. As a consequence it follows the petitioner herein whose lease had not been renewed is not in lawful possession, but in litigious possession and he cannot compel the respondents by issue of a writ of Mandamus to renew the licence. The relief of Mandamus on the facts of the case would amount to compelling the respondents to violate the statutory Rule 13 of the Tamil Nadu Cinemas (Regulations) Rules, 1957 and that is not the scope of mandamus and the same will be against the well settled legal pronouncement of Division Bench Judgment of this Court as well as that of the Supreme Court referred to above. IN law no mandamus shall be issued compelling the authorities to violate the statutory Rule or commit an act which is illegal or to deviate from the Rule.