D MALLIGA DURAISWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has come forward with this petition seeking for the relief of calling for the records relating to the order of the first respondent herein passed in G.O.(D)No,553, Home (Cinema-2) Department, dated 02.07.2001, with a prayer to quash the same.

(2.) THE case of the petitioner is that she is the licensee of a cinema theatre under the name and style as "Duraisamy Paradise THEatre" at Bargur town. THE Deputy Tahsildar, Krishnagiri, inspected the THEatre of the petitioner on 08.11.1999 and submitted a report to the third respondent alleging that the petitioner committed certain irregularities and thereby contravened the provision under Rule 83(1)(a) of the Tamil Nadu Cinemas (Regulation) Rules, 1957 (hereinafter referred to as "the Rules"). THEreafter, the petitioner was issued with the show-cause notice for which the petitioner has given an explanation dated 23.12.1999 denying the allegation. THE petitioner further submitted that after her explanation, the third respondent herein had suspended "C" Form license of the theatre for a period of one year for the alleged contravention of Rule 83(1)(a) of the Rules by his order dated 09.01.2000 in his proceedings Na.Ka.No.C1/96057/99. Aggrieved against the said order, the petitioner preferred an appeal in Cinema Appeal No,58 of 2000 and the appellate authority partly allowed the said appeal by order dated 23.08.2000 reducing the period of suspension from one year to a period of three months. Being aggrieved against such order, the petitioner also preferred a revision before the first respondent herein and the first respondent further reduced the period of suspension of "C" Form license of the theatre of the petitioner to a period of one month by the order dated 02.07.2001 in G.O.(D) No,553 Home (Cinemas-2) Department. Being aggrieved against such order, the petitioner has come forward with the present petition.

(3.) I have carefully considered the rival contentions put forward by either side and also perused the materials available on record including the impugned orders passed by the respondents herein.