G RAJENDRA PRASAD Vs. MUNICIPAL COMMITTIONER GAJUWAKA MUNICIPALITY

JUDGEMENT

(1.) The petitioner in the instant writ petition assails the action of the respondent in threatening to demolish the three shutters fitted to the existing Sesh Mahal theatre premises, Gajuwaka, Visakhapatnam District without issuing any notice.

(2.) It is stated by the petitioner that he constructed two cinema theatres, namely, Sesh Mahal and Theatre USSR in Gajuwaka Municipality after obtaining necessary permission from the licensing authority, namely, Joint Collector. Due to heavy losses in the business, he closed the Sesh Mahal theatre in the month of March, 2001 and informed the same to the licensing authority. He also made an application to the licensing authority on 26-2-2001 for using the foir of the theatre by converting it into three shops under A.P. Cinemas (Regulation) Rules, 1970 (for short "the Cinemas Regulation Rules"). Basing on the said application, the licensing authority called for reports from the various authorities and they have submitted their technical remarks also. It is further stated by the petitioner that he is not making any new construction nor putting any slab at any place, but he simply converting the open space under the foir of the existing Sesh Mahal theatre by putting shutters making the theatre into three shops. Meanwhile, the officials of the respondent-Municipality came to the theatre and threatened that they would demolish the unauthorised constructions as the same was made without obtaining any permission. The respondent-Municipality has no right or authority to enter into the premises as the premises is governed by A.P. Cinemas (Regulation) Act, 1955 (for short "the Cinemas Regulation Act") and Rules framed thereunder. Therefore, the petitioner filed the present writ petition stating that in an identical circumstances, W.P. No. 14773/2001 was filed by the owner of the building and the same was admitted by this Court and also granted interim direction directing the respondent therein not to demolish the construction so made.

(3.) Learned counsel for the petitioner contends that S. 6 of the Cinemas Regulation Act, which is a special provision, enables grant of permission for construction or reconstruction for the use of the premises by the owner. As per R. 7-A of the Cinemas Regulation Rules made under the Cinema Regulation Act, and Rules made under the Andhra Pradesh Municipalities Act, 1965 with regard to the matters referred to in S. 6 of the Cinemas Regulation Act shall be made applicable. As per R. 8(A) any person intending to construct or re-construct the cinema building he is under an obligation to make an application in writing to the licensing authority. The petitioner already made an application to the licensing authority, which is pending. In view of the same, the officials of the respondent-Municipality cannot interfere with the conversion of the open space into three shops by putting shutters and the respondent-Municipality has no jurisdiction to interfere in the matter and that too without issuing any notice.