BALAJI THEATRE REP.BY ITS MANAGING PARTNER, R. PERUMAL Vs. UNION TERRITORY OF PUDUCHERRY, REPRESENTED BY SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner/R.Perumal, Managing Director of Balaji Theatre, Puducherry, seeking issuance of a Writ of Mandamus, directing the 3rd respondent/District Magistrate cum Licensing Authority, Government of Puducherry, to issue Form-C licence to the petitioner under the Pondicherry Cinemas Regulation Act, without insisting the petitioner to procure films only from the 2nd respondent/Flim Division, Ministry of Information and Broadcasting, Government of India, Chennai, alone.

(2.) Learned counsel for the petitioner would submit that the petitioner is running one of the oldest theatre in the name and style of Balaji Theatre in the Union Territory of Pondicherry and the said theatre is governed by the provisions of the Pondicherry Cinemas (Regulation) Act, 1964 and the rules made thereunder. The District Collector is the licencing authority under the Act. For running the threatre, the petitioner has to approach the licencing authority seeking permission for exhibiting films. The 3rd respondent has been issuing direction under Section 8 of the Pondicherry Cinemas (Regulation) Act, 1964. As per Section 8 of the Act, the licencing authority may from time to time, issue directions to any licencee or licencees generally, requiring the licencee or licencees to exhibit in each show such slides of public interest as may be supplied by that authority.

(3.) Learned counsel for the petitioner further submitted that the petitioner as per the direction issued then and there by the licencing authority has been abiding by the direction by exhibiting the films of public interest produced by the 2nd respondent. In compliance of the said direction, the petitioner has been issued with Form-C licence and the same has been periodically renewed. In view of the compulsory procurement of the films exhibited on public interest, Section 12(4) of the Cinematograph Act was challenged questioning its constitutional validity before the Hon'ble Apex Court. Incidentally, when it is mandatory to obtain No Objection Certificate from the Film Division namely, the 2nd respondent, the Hon'ble Apex Court in the judgment reported in the case of Union of India vs. Motion Picture Association, 1999 6 SCC 150 had clearly held that when it is not mandatory to procure such kind of films only from the Film Division, it has been held that none of the provisions of the Cinematograph Act make it mandatory for the exhibitors to procure such films only from the Film Division, thus the issue raised in the present writ petition has been succinctly answered. Therefore, he pleaded, in view of the said judgment, the petitioner need not procure any films from the 2nd respondent, but the licencing authority namely, the 3rd respondent/District Magistrate cum Licensing Authority, Government of Puducherry, without even considering the ruling rendered by the Hon'ble Apex Court in the judgment reported in 1999 (6) SCC 150, making it not mandatory for any cinema theatre to procure films of public interest to be exhibited by every theatre in each show only from the Film Division, has wrongly refused to consider the grant of Form-C licence to the petitioner, therefore, he pleaded, such approach adopted by the 3rd respondent is absolutely unwarranted and untenable.