RAMARATNA THEATRE Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ appeal relates to the grant of 'C' Form Licence in respect of Ramaratna THEatre, Avadi, Chennai.

(2.) FOR the disposal of the writ appeal the following facts are necessarily to be stated:- As on today, the theatre is run on the basis of 'E' Permit issued in favour of the appellants viz., Tmt.R.Pushparathinammal, W/o Ramasamy Nadar and Tmt.Saraswathiammal, W/o Ratnapandi Nadar. No Objection Certificate was issued by the Collector of Chingleput District, Nandanam, Madras-35 on 01.02.1961, to locate a permanent Cinema Theatre in S.No.716/1 of Paruthipattu Village, Sriperumbudur Taluk in terms of Rule 36 of Madras Cinema Rules, as it was known then. Thereafter 'C' FORm Licence was issued by the Collector of Chingleput District, Nandanam, Madras-35 in favour of T.K.Rathinapandia Nadar, on 18.07.1963, in exercise of the power under Section 5(6) of the Tamil Nadu Cinemas Regulation Act, 1955. After the demise of T.K.Rathinapandia Nadar, in whose name No Objection Certificate and 'C' FORm Licence were granted, the 'C' FORm Licence was transferred in the names of Pushparathinam Ammal W/o Ramasamy Nadar and Saraswathi Ammal W/o T.K.Rathinapandia Nadar on 04.11.1967. The licence was periodically renewed and initially on 30.5.1968 for the period from 01.06.1963 to 17.07.1968 and thereafter on 25.03.1980 for the period from 27.3.1980 to 17.7.1980 and finally it was renewed upto to December 1990. Thereafter, the licence was not renewed. However, this Court by the order dated 27.4.1994 in W.P.No.15446 of 1991, directed the District Collector, Kancheepuram to consider and dispose of the application of the appellants herein for renewal of 'C' FORm Licence dated 16.12.1990 and this Court also further directed that till such time the application is disposed, the respondent would issue 'E' Permits. Thereafter, the appellants herein were issued with 'E' Permits continuously.

(3.) EXCEPT as to the dispute whether the land is Government Poramboke as claimed by the licensing authority or belongs to the appellants by virtue of the sale deeds, all other facts which we have narrated are not in dispute.