← Library
Madras High CourtWP/5823/2017disposed of

M/S.Woodlands Symphony v. The Commissioner Of Police,

2017-03-13Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.03.2017

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.Nos.5823 and 5824 of 2017 M/s Woodlands Symphony rep.by its partner, N.Venkatesh .. Petitioner in W.P.No.5823 of 2017 M/s Woodlands Theatres rep.by its Partner, N.Venkatesh .. Petitioner in W.P.No.5824 of 2017 /versus/ 1.The Commissioner of Police/the Licensing Authority, Greater Chennai, Vepery, Chennai.

2.The Superintending Engineer PWD, Planning and Design Circle, Chepauk, Chennai 600 004.

.. Respondents in both WPs Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent herein to consider the representation of the petitioner herein dated 18.01.2016 relating to seeking sanction for revision of rates as per G.O.Ms.No.405 of 2009, dated 20.05.2009, Home(Cinema) Department, Government of Tamil Nadu and to grant the sanction for the same in terms of Rules 83(1A)(c)(i) of the Tamil Nadu Cinemas (Regulation)Rules 1957.

For Petitioners :Mr.S.Sathya Narayanan (both cases) For Respondents :Mr.R.Govindaswamy, Spl.G.P for RR1 and 2 (both cases)

COMMON ORDER Writ Petitions filed seeking to issue a Writ of Mandamus directing the 1st respondent herein to consider the representation of the petitioners herein dated 18.01.2016 relating to seeking sanction for revision of rates as per G.O.Ms.No.405 of 2009, dated 20.05.2009, Home(Cinema) Department, Government of Tamil Nadu and to grant the sanction for the same in terms of Rules 83(1A)(c)(i) of the Tamil Nadu Cinemas (Regulation)Rules 1957.

2. At the time of hearing, the learned Special Government Pleader appearing for the respondents would submit that the Licensee petitioners' Theatre, in its representation dated 11.03.2017, has not furnished the details of facilities provided to their Theatre as specified in G.O.Ms.No.405, dated 20.05.2009. After perusing para No.6 of the affidavits filed in support of the petitioners in W.P.Nos.5823 and 5924 of 2017, their request will be considered and verified thoroughly by the Police Field Officers, Superintending Engineers(PWD) and Electrical Inspector. Only thereafter, norms and conditions laid down in the said Government Order are fulfilled. The request of the licensee could be considered and rates of admission would be revised accordingly.

3.

Insofar as the seating arrangements for the petitioners' Theatre is concerned, report has been received from the Superintending Engineer(PWD), Chepauk on 02.03.2017 and necessary action has been taken by the respondents in this regard.

4.

In view of the above submissions made by the learned Special Government Pleader appearing for the respondents, liberty is granted to the petitioners to file additional representation to the respondents forthwith from the date of receipt of a copy of this order. The respondentsdepartment shall consider and pass orders on merits and in accordance with law, within a period of six weeks, thereafter.

5.

With the above directions, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ari To 1.The Commissioner of Police/the Licensing Authority, Greater Chennai, Vepery, Chennai.

2.The Superintending Engineer PWD, Planning and Design Circle, Chepauk, Chennai 600 004.

+1cc to M/S.S.Sathyanarayanan, Advocate Sr.15612 W.P.Nos.5823 and 5824 of 2017 ad[co] srg 17/03/2017