G ALAGIRI Vs. COLLECTOR OF THANJAVUR

JUDGEMENT

(1.) The matter arises under the Tamil Nadu Cinemas (Regulation) Act 9 of 1955, hereinafter referred to assess the Act and the Tamil Nadu Cinemas (Regulation) Rules 1957, hereinafter referred to as the Rules. The petitioner was running a touring cinema in S. F. No. 286/2 of Vadaseri village, Orathanad taluk, Thanjavur District. The touring cinema was run up to 12-4-1979. Even on 23-31979, the fourth respondent applied to the first respondent for the grant of a `No objection' certificate to locate a touring cinema in S. F. No. 297 of the same village. There is no dispute that if the running of the touring cinema of the petitioner as well as the touring cinema of the fourth respondent are to be permitted, they will be within the prohibited distance. Prior to Sept. 1979, sub- rule (2) of R. 109 of the Rules stipulated that after the period of three years exhibition as contemplated in sub-rule (1), there shall be a minimum interval of three months before a `No objection' certificate is granted for the same site. By G. O. Ms. No. 1138 (Home) Cinemas, dated 4-5-1978, the Government directed that there is no need for obtaining a fresh `No objection' certificate has already been obtained and in which site the touring cinema has completed its running for three years when an applicant proposes to run a touring cinema again on the same site. The Government further directed that the licensing authority shall, however, grant a C form licence for the new touring cinema on the same site only after a break of three months period from the date of closure of the previous cinema, on production of the necessary certificate under the Rules. The Government requested the Board of Revenue to send the necessary draft amendments to the Rules to that effect. The actual amendment to sub-rule (2) to R. 109 of the Rules was introduced by G. O. Ms. No. 2308 Home (Cinemas), dated 13-9-1979, by virtue of which sub-rule (2) of R. 109 stipulated that after the period of three years exhibition ass contemplated in sub-rule (1) there shall be a minimum interval of three months before the same site is again licensed. Earlier to the amendment of sub-rule (2) of R. `09, of the rules, the petitioner applied for the grant of a C form licence, on 27-8-1979. It must be pointed out that the applications of both the petitioner and the fourth respondent were dismissed in Nov, 1979, by the first respondent. There were appeals by both of them to the second respondent and by appellate orders, the matters got remanded to the first respondent. The first respondent, by order dated 23-91980, rejected the application of the petitioner and granted the application of the 4th respondent. The petitioner preferred appeals to the second respondent and he was not successful before the second respondent and the appeals were dismissed by order dated 20-1-1980. The petitioner filed a revision to the third respondent and the third respondent by order dated 6-2-1981, rejected the revision. The petitioner has prayed for the issue of a writ of certiorified mandamus to quash the order of the third respondent dated 6-2-1981 and to further direct the issue of a C form licence to him for running a touring cinema as sought for by him.

(2.) It is unnecessary to go into the merits of the contentions of the parties, because I am inclined to sustain the primary ground of attack projected by Mr. S. Ramalingam, learned counsel for the petitioner, against the order of the third respondent. Learned counsel for the petitioner submits that the third respondent while exercising the power of revision, is practically functioning as a quasi-judicial authority and in the instant case, the third respondent has rejected the application of the petitioner without assigning any reason, except for stating that it sees no ground for interference in revision. For a proper consideration of this contention, it has become necessary to refer to S. 9-B of the Act, which deals with powers of revision. The said section reads as follows-

(3.) Rule 47-A of the Rules delineates the procedure for entertaining a revision and it reads as follows-