V R VENKATACHALAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed the above writ petition seeking for a writ of certiorarified mandamus to call for the proceedings of the first respondent in G.O.Ms .No. 148 Home (Cinema)Department dated 26.2.2001 of the second respondent made in Cinema Appeal No.10 of 2000 D.Dis.L. dated 17.7.2000 and of the third respondent dated 13.12.1999 and quash the proceedings of the respondent 1 to 3 dated 26-02-2001, 17.7.2000 and 13.12.1999 respectively to include the name of the petitioner and the fourth respondent in 'C'form Licence and grant renewal of the same in respect of the Star Talkies, Triplicane High Road, Chennai - 600 005.

(2.) HEARD both sides.. It is the case of the petitioner that Star Talkies is located in Door No. 40 and 41, Triplicane High Road, Chennai. The theater is located in Door No. 40 and Door No.41 has been used as parking area for the above theatre. The lands comprised in Door No.41 is absolutely owned by the petitioner and in Door No. 40, the petitioner is owning 50% undivided share in land and building. The Cinema Theatre was run by Partnership consisting of four persons namely M.V. Babji, M.V. Prakash, M.V. Padmanabhan and M.V. Basha. The equipments and furnitures in the theatre belonged to the partnership firm. After the death of Babji, his son M.V. Pratap was inducted as Partner and after the demise of the said M.V. Pratap, his wife Saraswathi Devi Pratap became one of the partners of the firm. In the year 1993, the petitioner has purchased 50% of the undivided share of the land and building in Door No. 40, Triplicane High Road from the said Saraswathi Devi Pratap. Now, the petitioner is holding 50% of sh are in both land and building at Door No.40 and also 75% share in the partnership, besides that he is the absolute owner of the property in Door No.41. In the year 1996, the petitioner along with the 4th respondent has submitted an application to the 3rd respondent requesting to issue 'C'Form Licence and also for inclusion of their names in the 'C'Form Licence. Later, the 4th respondent withdrew her consent and opposed the renewal as well as transfer of 'C'Form licence in the name of the petitioner. The licensing authority has rejected the application, which was confirmed by the appellate authority, 2nd respondent herein. The petitioner has also preferred a revision before the 1st respondent, who has granted 'E'Form licence temporarily to run the theatre, later, on 26.2.2001, the revision was dismissed. Hence, this writ petition.

(3.) NOW we look into the relevant provisions of Rule 13 (1) of The Tamil Nadu Cinemas (Regulation) Rules, 1957: Rule 13 (1) - If the applicant for the licence is the owner of the site, building and equipment, he shall produce to the licensing authority the necessary records relating to his ownership and possession thereof. If he is not the owner, he shall, to the satisfaction of the licensing authority, produce documentary evidence to show that he is in lawful possession of the site, building and equipment.