V BALRAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed by one Balraj petitioner herein praying to issue a writ of certiorari, calling for the records of the 1st Respondent in GO. Ms. No. 1695 Home (Cinema -1) Department dated 14.10.1992 rejecting the revision petition filed by the petitioner against the order of the second respondent in C.A. No. 162 of 1989 dated 5.8.1991 upholding the order of the Collector of Tiruchirapalli in RC.D1/97128/88, dated 26.5.1989 rejecting the petitioner's request for the grant of a No Objection Certificate to locate a permanent theatre in S.F. No. 109/6 of Agaramsigoor Village in Perambalur Taluk, Tiruchirapalli District and to quash the said order of the first respondent in GO. Ms. No. 1695 Home (Cinema-I) Department dated 14.10.1992.

(2.) IN support of the writ petition one S. Renganathan the Manager of Sri A. Balraj has sworn to an affidavit in which he has stated that the petitioner was granted no objection certificate for locating a permanent cinema in S.F. No. 109/6 of Agaramsigoor village in Perambalur Taluk. Tiruchirapalli District in Collectors Proceedings RC.D. 1. 62231 of 1977 dated 17.6.1978. Pursuant thereto the construction of the building in accordance with approved plans, was commenced and substantial work was made with the main walls coming upto about 12 feet height expending nearly Rs. 3,00,000. But due to an unfortunate calamity in the family and other unavoidable circumstances, the building could not be completed and the No Objection Certificate lapsed.

(3.) THE Superintendent of Police stated that there is no objection for the grant of No Objection Certificate. THE Commercial Tax authorities stated that the petitioner is not in arrears of tax and that, he has not been convicted for any offence under the Entertainment Tax Act. THE Tahsildar after inspection reported that the site is in the lawful possession of the petitioner and satisfies all the requirements of the Rules.