P.M.N.Mohan Krishnaa, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2017
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.1755 of 2016 P.M.N.Mohan Krishna ... Petitioner -Vs1.The District Collector, Vellore District, Vellore.
2.Mrs. N.Vijayalakshmi, (R-2 impleaded as per Order of this Court dt. 02.06.2016 made in WMP No. 4720/2016) ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the Respondent to consider the application submitted by the petitioner on 16.10.2015 for renewal of "C Licence of Sangeeth Theatre, Vaniyambadi, Vellore District in the light of the orders passed in I.A.No.250 of 2014 in O.S.No.100 of 2014 on the file of Subordinate Judge, Tirupattur.
For Petitioner : Ms.G.Sankaran For R-1 : Mr. P.Senthil Vel, Govt. Advocate For R-2 : Mr.S. Sadashram.
O R D E R
This Writ Petition is filed seeking direction to the respondent to consider the application submitted by the petitioner on 16.10.2015 for renewal of "C License of Sangeeth Theatre, Vaniyambadi, Vellore District in the light of the orders passed in I.A. No. 250 of 2014 in O.S.No. 100 of 2014 on the file of Subordinate Judge, Tirupattur, within a time frame to be fixed by this Court.
2. Heard Mr.G.Sankaran, learned Counsel appearing for the Petitioner and Mr. P. Senthilvel, learned Govenment Advocate appearing on behalf of the first respondent and Mr.S.Sadasharam,
learned counsel appearing on behalf of the second respondent and perused the materials available on record.
3. According to the petitioner, the theater is being run in the name and style of Sangeeth Theatre and he is the owner of the Property. The petitioner applied for renewal of License on 13.05.2014 to the first Respondent with all necessary certificates under the provisions of cinematograph Act and Rules. The Petitioner also filed a suit in O.S.No.100 of 2014 before the Sub court, Tirupattur seeking for Injunction restraining the defendants from committing any trespass and causing obstruction in the exhibition of picture in Sangeeth Theatre. The Trial court has granted permanent injunction on 31.07.2014 and the said interim order is still in force. Hence, the petitioner applied for renewal of "C Licence for Sangeeth Theatre. Since the said application was not considered by the first respondent, the petitioner has filed the present Writ petition.
4. According to the 1st respondent, the mother of the petitioner, namely the 2nd respondent herein is the owner of the property and "C-form Licence is in the name of mother of the writ petitioner. The mother of the writ petitioner and her son P.N.Shankar filed O.S. No. 99/2015 before the Judicial Magistrate, Vaniyambadi and they also obtained an order of Injunction restraining the writ petitioner on 29.09.2015 and Contempt Petition in C.P.No. 826 of 2015 was also filed against the writ petitioner. The Mother of the Writ petitioner availed loan facilities from the I.C.C.I Bank by mortgaging the subject Theatre, and she failed to remit the dues, therefore the property was sold to I.C.I.C.I. Bank in the public auction on 22.12.2014. Subsequently, based on the order of the Debts Recovery Tribunal III Chennai dated 04.05.2016 in I.A.No.
1368 of 2015 in DRC No. 283 of 2003, the subject Theatre was taken possession by the I.C.I.C.I Bank authorities on 01.06.2016. The Writ petitioner has obtained injunction order in I.A. 250 of 2014 in O.S.No. 100 of 2014 dated 31.07.2014. But the said property was sold through public auction on 22.12.2014. Hence, the renewal application given by the petitioner cannot be considered, as he is not at all a licensee.
5. According to the 2nd respondent the interim order granted in I.A.No. 250 of 2014 in O.S. No. 100 of 2014 has been vacated and I.A.250 of 2014 has already been dismissed. Pursuant to the dismissal of the interim application, I.C.I.C.I bank as initiated proceedings under the SARFAESI Act and the subject property was sealed on 02.03.2016. As against the action taken by the I.C.I.C.I bank, the 2nd respondent has filed the Writ Appeal in W.A.No. 315 of 2010 and the same is still pending before this Court. Hence, the 2nd respondent submitted that the
Writ petition cannot be maintained and the same is liable to be dismissed.
6. In the light of the above said submissions made by the parties, that the subject property has been brought for sale by the I.C.I.C.I bank in public auction on 22.12.2004 and pursuant to the order of the Debt Recovery Tribunal, the property was taken on possession by I.C.C.I Bank on 01.06.2016 and the interim injunction granted by the Sub Court in I.A.No.250/2014 is vacated and the injunction application was dismissed, the prayer in the present writ petition (i.e) to consider the petitioners application dated 16.10.2015 for renewal of "C" License of Sangeeth Theatre, Vaniyambadi, in the light of the interim injunction order passed in I.A.No. 250 of 2014 in O.S.No. 100 of 2014 on the file of Subordinate Court, Tirupattur cannot be granted, as the same becomes infructuous. 7.The Writ petition is dismissed with liberty to the petitioner to file fresh application before the authority concerned, if necessary, without prejudice to the rights of the parties in other pending proceedings. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To
1. The District Collector, Vellore District, Vellore +1 CC to Mr.G. Sankaran, Advocate sr 22553 +1 CC to Govt. Pleader sr 22307 W.P.No.1755 of 2016 AK(CO) sp/6/6