VIJAYAWADA MUNICIPALITY Vs. RAMA TALKIES

JUDGEMENT

(1.) The defendant, Vijayawada Municipality, is the appellant before me. The respondent-Plaintiff, Sri Rama Talkies, a firm owning a theatre in Vijayawada, instituted the present suit for the issue of an injunction restraining the defendant from enforcing its annual notifications to auction the right to collect licence fees for advertising exhibitions of cinema pictures in Vijayawada so far as it relates to the plaintiff and from removing or interfering with such advertisements displayed by the plaintiff within the limits of the Vijayawada Municipality, It was alleged inter alia in the plaint thaf the plaintiff, in order to exploit fully a picture, posted quite a few advertisements within the Municipal limits of Vijayawada. The defendant, while removing few, asked licence fees for the otfier.

(2.) The plaintiff contended that the notification issued by the Municipality is illegal and void and that the Municipality has no right to collect the advertisement fee from the plaintiff in pursuance of the said notification. The Municipality contended in its written statement that it has power, to levy the licence fees and that the by-laws levying the licence fee are not illegal and ultra vires.

(3.) The trial court framed appropriate issues and recorded the evidence produced by the parties, The Principal District Munsif, Vijayawada, ultimately dismissed the suit holding that the Municipality has power under the provisions of the Madras District Municipalities Act (hereinafter referred to as the Act) to levy licence fees and that the by-laws for that purpose are valid and that the plaintiff cannot advertise his films without paying the requisite licence fees to the Municipality.