K RANGASWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein applied for a no objection certificate from the Collector of Coimbatore for locating a semi permanent cinema in Gudalur on 7th September, 1978. THE said application for no objection certificate was duly published. No objections were received for the issue of a no objection certificate applied for by the petitioner within 14th October, 1978, the date fixed for the receipt of objections. However, the fourth respondent filed his objections on 8th March, 1979. Since the objections were received beyond 14th October, 1978, the date fixed for filing objections, the collector rejected the objections of the fourth respondent and granted the no objection certificate to the petitioner on 25th March, 1979.

(2.) AS against the order granting the no objection certificate, the fourth respondent filed an appeal before the Board of Revenue which after considering the merits dismissed the appeal on 9th August, 1979. Thereafter the fourth respondent filed a revision petition to the State Government under section 9-B of the Cinemas (Regulation) Act, 1955. The said revision petition was entertained by the Government and after giving notice to the petitioner herein and after hearing his representations, the Government considered the merits of the case and set aside the grant of no objection certificate to the petitioner and remanded the entire proceedings before the Collector for a fresh consideration by its order dated 8th August, 1980. The said revisional order of the Government dated 8th August, 1980, which is in favour of the fourth respondent is being challenged by the petitioner in this writ petition.