DURSHA SHARIFF Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN all the writ petitions, the petitioners are seeking to declare Rule 91-B of the Tamil Nadu Cinemas (Regulation) Rules 1957 introduced by G.O.Ms. No.678, Home (Cinemas-II) Department, dated 18.5.1999 as unconstitutional, illegal and void.

(2.) WRIT Petition Nos.10121 to 10126 of 1999 and 10048 to 10053 have been filed by the contractors who got right from the licensees of the respective cinema theatres to maintain parking of cars, motor-cycles and cycles in the cinema theatres and to collect fees from the vehicle owners who park their vehicles in the parking place. The Tamil Nadu Film Exhibitors Association, Coimbatore, Erode and Nilgiris Districts have filed W.P. No. 10964 of 1999 challenging the said Rule. The licensee of the theatre, has filed W.P. No. 10711 of 1999, challenging the said rule.

(3.) MR.Kulasekaran, learned counsel appearing for the petitioner in W.P. No. 10964 of 1999 relying on G.O.Ms.1810 Home (Cinema II) Department dated 21.12.1993, in which the Government had proposed to amend the Rule, has submitted that the rule as amended cannot be sustained as it does not reflect the intention of the Government as set out in the Government order. According to him, the quantum of fee fixed by the Government at uniform rate is without taking into account of the actual expenditure in providing and maintaining the parking place, and facilities provided in each and every cinema theatre. He has also submitted that many cinema theatre provided concrete roof and requisite flooring. The said provisions made by the theatre owners involve several lakhs of rupees and the expenses also vary from theatre to theatre, area to area, village to village and municipality to municipality.