M M DINESH Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) THE petitioner submits that he has filed an application before the third respondent for grant of Municipal Licence for the purpose of holding Indian Classical dance at Hotel A1 Rasheed, Citadel at Door no. 1, 100 ft. Road, Ellapillai Chavady at pondicherry. The said application was rejected by the third respondent as per order date 12-4-2004 on the ground that there was objection from the Additional District Magistrate and the said order was challenged in w. P. No. 32662 of 2004 and this Court, by order dated 15-4-2005, quashed the said order and remitted the matter to the third respondent with a direction to grant temporary licence, pending consideration of grant of permanent licence.

(2.) THE said order was challenged by the third respondent in writ appeal on the ground that when the Municipality is considering the grant of permanent licence, there is no requirement of a temporary licence. Accordingly, the Division Bench as per judgment dated 10-8-2005 in W. A. No. 1456 of 2005, directed the third respondent to consider the grant of permanent licence for the purpose of holding Indian Classical dance within a period of three weeks.

(3.) IT is contended by the petitioner that when his application for licence to hold Indian Classical Dance is pending, the four other hotels run by the politicians of pondicherry who are having the licence to hold Indian Classical Dance, approached the local Administration Department to ban the issue of further licence for conducting Indian Classical Dance. The officials of the government of Pondicherry who are having close contacts with the existing four hotels wanted to create a monopoly in favour of those four hotels and with a view to help those hotels, the Government of Pondicherry issued the impugned Government order dated 20-9-2005, banning issue of fresh licence for performing Indian Classical and western Dance.