LICENSEE Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ petition is filed praying for issuance of a Writ of Certiorari calling for the records of the third respondent made in his proceedings ROC No.54005/2007/E2 dtd. 21/12/2007 and modified by the second respondent in L3 C.A.No.1/2008 dtd. 8/2/2008 and confirmed by the first respondent in G.O.(D) No.814 Home (Cinema) Department dtd. 11/7/2008 and to quash the same.

(2.) The petitioner would submit that he has been running a Cinema Theatre in the name and style of 'Kaveri Theatre' in Karpagam Complex, Sanganur Village at Coimbatore District wherein a movie, namely "Azhagia Tamil Magan " was released for Deepawali Festival.

(3.) The petitioner would further submit that the third respondent/Collector has passed an order dtd. 21/12/2007 suspending 'C-Form' licence of the petitioner's theatre for a period of seven days stating that on receipt of information that the tickets have been sold at a higher rate than the rate fixed by the Government in the petitioner's theatre, the Tahsildar, Coimbatore along with the Revenue Divisional Officer, Coimbatore and Village Administrative Officer had inspected the said Theatre premises; during the said inspection, they had found that one person was selling the tickets at a fixed rate of Rs.150.00 per ticket irrespective of its classes and hence, they had seized all the 51 tickets available with him and conducted an enquiry; on enquiry, it was seen that the said person was working as a Gate Keeper at Yamuna Theatre, which is also one of the Theatres situated in the said complex; In the enquiry, the petitioner had submitted that the person, who sold the tickets, was not an employee in the petitioner's Theatre, but was working as a Gate Keeper at Yamuna Theatre and this petitioner has got nothing to do with the said person, whoever sold the tickets; the Enquiry Officer submitted his report to the Collector, namely, third respondent herein and the Collector has issued a show cause notice under Sec. 9(2)(b) of the Tamil Nadu Cinema Regulation Act, 1955 and the petitioner had also given explanation to the Collector and denied the charges levelled against him; After careful consideration of the explanation and the enquiry report, the Collector has ordered for suspension of 'C-Form' licence of the petitioner's theatre for a period of seven days.