Sathya Theatre, v. The Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.25408 of 2014 and MP.Nos. 1 & 2 of 2014 Sathya Theatre represented by its Licencee and Co-owner P.Duraiswami S/o.Palani Gounder Vadakku Pettai Sathiyamangalam, Erode.

... Petitioner versus 1.

The Government of Tamil Nadu Rep. by its Principal Secretary Home (Cinema) Department Fort St.George, Chennai-600 009.

2.

The Commissioner of Land Administration Ezhilagam, Chepauk, Chennai-600 005.

3.

The District Collector Erode District Erode - 638 011.

4.

K.P.Palaniswamy

...Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in C.O(D) No.582 Home (Cinema) Department dated 12.08.2014, 2nd respondent in Rc.No.L3/CA2 (7463)/2013 dated 06.09.2013 and the 3rd respondent in proceedings No.D.Dis/25548/2012/C2 dated 05.03.2013 and quash the same and consequently, direct the 3rd respondent to issue the C-Form Licence in favour of the petitioner for the years 2012 to 2015.

For Petitioner : Mr.B.Nambiselvan For Respondents: Mr.R.Govindasamy, Special Government Pleader for R1 to R3 Mr.S.P.Harikrishnan, for R4

O R D E R

The petitioner is aggrieved against the order passed by the respondents 1 to 3, refusing to issue the C-Form licence to the petitioner on the reason that the fourth respondent herein as the co-owner, has not given consent. After filing the writ

petition, the contesting parties, namely the petitioner and the fourth respondent have entered into compromise and filed the Joint Compromise Memo dated 18.09.2017, signed by both their parties as well as their respective counsels on record. The said Joint Compromise Memo dated 18.09.2017 reads as follows: "1. The petitioner and 4th respondent are respectfully submits that they are the co-owner of the Sathya Theatre. The petitioner in the above writ petition. The main issue in the writ petition is challenging the order of respondents 1 to 3 by refusing C form of renewal in the name of petitioner, because of the objection raised by the 4th respondent. As per law the co-owner should jointly apply for renewal of C form license jointly. Since petitioner tried to apply to get renewal of C-form of license independently, the 4th respondent here objected and authorities also considered the objection of 4th respondent and refused to renewal of C form of license in the name of petitioner.

2. The petitioner and 4th respondent respectfully submits that the above said issue between the petitioner and 4th respondent with regard to renewal of C form of license to the petitioner's Theatre is settled out of Court amicably. Now the 4th respondent consented to apply for renewal of C form of license jointly with the petitioner before the concerned authorities.

It is therefore prayed that this Hon'ble Court may be pleased to record the memo of joint compromise filed by the petitioner and 4th respondent and dispose the above writ petition."

2. The learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 3 and the learned counsel appearing for the fourth respondent submitted that this writ petition may be disposed of in terms of the above said compromise memo.

3. Accordingly, recording the above said Joint Compromise Memo dated 18.09.2017, this writ petition is disposed of, also by directing the respondents 1 to 3 to consider the request of the petitioner in terms of the above said compromise memo. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

To 1.

The Principal Secretary The Government of Tamil Nadu Home (Cinema) Department Fort St.George, Chennai-600 009.

2.

The Commissioner of Land Administration Ezhilagam, Chepauk, Chennai-600 005.

3.

The District Collector Erode District Erode - 638 011.

+1 cc to Mr.B.Namiselvan advocate sr 92290 +1 cc to Govt Pleader sr 92115 +1 cc to M/s.K.M.Vijayan Associates sr 91832 W.P.No.25408 of 2014 aa22/12/2017