A K MUTHUKARUPPASWAMY MOOPANAR Vs. SRI MURUGAN THEATRE

JUDGEMENT

(1.) THE present petition has been filed by one Muthukaruppasami Moopanar under the following circumstances. He filed an application before the Collector for a certificate of no-objection to locate a touring cinema in S. No. 918/1 of Andipatti village within the limits of Ethakoil Panchayat. The application was made under the provisions of the Madras Cinemas (Regulation) Act. 1955 (Madras Act IX of 1955 ). The respondent is a partnership owning a permanent cinema (Murugan theatre) in the locality and they filed their objections, through their partner Sadayandi on the grounds that the existing cinema facilities were sufficient and also that the place proposed to be licensed was situated within one furlong from the community radio centre. The objections were raised with reference to S. 5 (1) of the Act and the rules thereunder. S. 5 (1) enacts that the licensing authority shall have regard to the following matters. namely. ". . . . . . . . . . . . . . . (d) the adequacy of existing places for the exhibition of cinematograph films in the locality. "

(2.) THE Collector upheld the objections observing :

(3.) MUTHUKARUPPASWAMI Moopanar filed on appeal under the Act and the Rules to the Board of Revenue. The Board reversed the decision of the Collector, observing-