M.C.M. MUTHURAMA THEVAR Vs. BOARD OF REVENUE BY ITS COMMISSIONER OF LAND REVENUE, COMMERCIAL TAX AND PROHIBITION AND ANR.

JUDGEMENT

(1.) IN November 1957, the Petitioner applied to the Collector of Madurai district for a no objection certificate to locate a touring cinema in Survey Nos. 61|4 and 63/1 of Kallupatti village in Tirumangalam taluk. The site was recommended by the District Superintendent of Police, Madurai South, by the President of the Panchayat Board and by the Tahsildar of Tirumangalam. But, apparently none of them mentioned the fact that an institution called the Gandhi Niketan Asramam was functioning in the vicinity. I was told that this Asramam runs a basic school which trains about three hundred students. A sketch of the locality that was handed over to me by the learned Counsel for the Petitioner shows that this basic school is at a distance of one thousand and eighty -one links (about two hundred and forty yards) from the place at which the Petitioner desires to put up his touring cinema.

(2.) THE Chairman of the Asramam and the Principal of the Rural Extension Training Centre, objected to the location of the cinema on the site in question on the ground that

(3.) THE Petitioner appealed to the Board of Revenue which recorded its view: