R PALANIVELU GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant herein filed Writ Petition No. 7144 of 1982 on the file of this Court praying for the issue of a writ of certiorari or any other appropriate writ, order or direction in the nature of writ calling for the records relating to the proceedings of the first respondent herein in G. O. Ms. No. 2205 Home (Cinemas), Department, dated 23rd August, 1982, and to quash the same. G. O. Ms. No. 2205 (Home) (Cinemas) Department, dated 23rd August, 1982, was in respect of the grant of exemption to the second respondent herein. By the said Government Order, in exercise of the powers conferred by section 11 of the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of 1955' hereinafter referred to as the Act), the Governor of Tamil Nadu exempted Devi thirai Arangam of Belukurichi Village, Namakkal taluk, Salem district from the provisions of sub-rule (2) of rule 14 of the Tamil Nadu Cinemas (Regulation)Rules,|1957 (hereinafter referred to as the Rules) to enable the second respondent herein to run the touring cinema for the remaining period of the second term as per rule 109 (1) of the said Rules. THE learned single Judge, (Sathiadev, J.) who heard the main petition dismissed the same, and it is as against that order, the writ petitioner has come forward with the present appeal.

(2.) MR. N. Ganapathi, learned counsel for the appellant submitted three points. (1) Section 11 of the Act which enables the grant of exemption is ultra vires the Constitution. (2) When the second respondent has subjected himself to a commitment that he will stop his cinema as and when any of the four semi-permanent theatres for which no objection certitificates had been granted started functioning, the exemption cannot be granted under rule 44 (2) of the Rules. (3 ). The words'is given'occuring in section 11 of the Act can cover a place where the party is exhibiting a picture and not a place where it was stopped. The learned single Judge of this Court has carefully considered all these objections and dismissed the writ petitions