K.S.P.S. KT. KALAYAPPA CHETTIAR, PROP. SRI VENKATESWARA TALKIES, SRIVILLIPUTHUR Vs. THE COMMISSIONER OF LAND REVENUE AND CINEMATOGRAPH, BOARD OF REVENUE MADRAS AND OTHERS

JUDGEMENT

(1.) There cases come up before us on reference by Ismail, J. because the validity of Rule 79 -A (3) (a) of the Tamil Nadu Cinemas (Regulation) Rules, 1957, has been challenged. The third respondent applied for a no -objection certificate to locate a semi -permanent cinema in S. No. 217, part of Singammalpuram in Srivilliputhur town and this was granted to him. The petitioner having unsuccessfully opposed the grant, seeks to have the order of the Board of Revenue quashed on the main ground that Rule 79 -A (3)(a), we mentioned, is void for its uncertainty.

(2.) Our attention was invited to Harakchand v/s. Union of India : A.I.R. 1970 S.C. 1453. But that case was decided in respect of the provisions not identical to those of the Act and the rules we are concerned with and in the light of different facts. The petitions are, therefore, dismissed. No costs.