RAMANATHAN Vs. V. BALRAJ AND OTHERS

JUDGEMENT

(1.) This writ appeal has been directed against the order of Jayarama Chouta, J. made in W.P. No. 666 of 1993 on 9-7-1996. The 4th respondent is the said respondent, who is the owner of an existing permanent theatre is the appellant in this appeal. The writ petition was filed by the first respondent herein (V. BAIRaj) praying as follows :

(2.) The case of the writ petitioner who is the first respondent herein is that the writ petitioner was granted a No Objection Certificate (NOC), for locating a permanent cinema in S.F. No. 109/6 of Agarmasigoor village in Perambalur Taluk, Tiruchirapalli District in Collector's Proceedings R.C. D.1 62231/77 dated 17-6-1978, that pursuant thereto the construction of the building in accordance with approved plans was commenced and substantial works was made with the main walls coming up to about 12 feet height expending nearly Rs. 3 lakhs, but due to an unfortunate calamity in the family and other unavoidable circumstances, the building could not be completed and the NOC lapsed. It is stated that then the first respondent herein writ petitioner applied to the Collector of Trichirappalli on 10-9-1988 for the grant of a fresh NOC for the same site with the incomplete building standing thereon. The Superintendent of Police stated that there is no objection for the grant of NOC. The Commercial Tax Authorities stated that the petitioner/first respondent herein 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 writ petitioner and satisfied all the requirements of the Rules. While so, the 4th respondent in the writ petition (the writ appellant) who is a trade rival running a permanent cinema called, "Sri Varadharaja Palace" in the village objected to the grant. The Collector who is the 3rd respondent in the writ petition rejected the writ petitioner's application by his proceedings in R.C. D1/97128/88 dated 26-5-1989 on the sole ground that there is no scope for another cinema in the area. Aggrieved by the aforesaid order of the Collector, the first respondent herein preferred an appeal to the Joint Commissioner-I of Land Administration, Madras who is the 3rd respondent herein raising several contentions. It was contended inter alia that the sole ground of rejection viz., that there is no scope for another cinema is erroneous and untenable and that the findings of the Collector on adequacy is erroneous, that there are only two cinemas functioning in the locality and not three as erroneously held by the Collector, since the touring cinema mentioned by the Collector is at Kallavepur 13 KM away and not in Olaipadi and cannot be taken into account for judging adequacy and that the Collector failed to note that the position which existed in 1978 when NOC was granted to the petitioner for the very same site overruling similar objections raised by the appellant's father remains the same even now as regards the number of cinemas, since at that time also there were two cinemas in the locality.

(3.) The Joint Commissioner-I of Land Administration, the 2nd respondent herein also dismissed the said appeal by his proceedings in Cinema Appeal No. 162/89-D.Dist.(L) dated 5-8-1991. Then the first respondent herein preferred a revision petition to the Government contending inter alia that the Joint Commissioner-I and the Collector of Trichy failed to determine the adequacy in a proper and correct manner, that the Joint Commissioner- erred in observing that there are three existing cinemas in the locality besides one NOC despite a specific contention raising in the appeal assailing the Collector's finding in this regard that the Joint Commissioner-I, the 2nd ; respondent herein failed to note that the population of 92,684 mentioned by the Collector' is as per 1981 census only, that the present population of the locality is more than 1,20,000 and as such, there is scope for as many as 5 cinemas in the locality as per the G.O.