V. RAMANATHAN Vs. THE BOARD OF REVENUE REPRESENTED BY COMMISSIONER OF LAND REVENUE AND TRANSPORT AND ORS.

JUDGEMENT

(1.) THE petitioner herein and the third respondent applied for a no -objection certificate for locating a touring cinema in the village of Vallalnathi, Periakulam Taluk. The Petitioner's application was filed on 15th September, 1973 and the third respondent's application, though dated 14th September, 1973, is found to have been properly presented only on 17th September, 1973. The petitioner's application was in respect of S. No. 423/A while the third respondent's application was in respect of S. No. 417/3.

(2.) THE petitioner had obtained a no -objection certificate earlier for locating a permanent cinema in S. No. 423/1 -A and the said certificate was current on 15th September, 1073, the date of the application for a no -objection certificate for establishing a touring cinema. It is not in dispute that both S. No. 423 /I -A and 417/3 were found suitable for locating touring cinemas. While the petitioner's application was recommended by the Panchayat, the third respondent's application was recommended by police authorities.

(3.) ON an appeal by the petitioner, the Board of Revenue had affirmed the order of the Collector though on a slightly different ground. The Board of Revenue having found that the applications filed by the petitioner as well as the third respondent were equal in all other respects, proceeded to hold that the grant of a no -objection certificate to the petitioner will amount to creation of a monopoly to run the cinema in the village on the family of the petitioner, and, that, therefore, the no -objection certificate has, rightly, been granted to the third respondent by the Collector. The decision of the Board of Revenue has been challenged in this Writ Petition.