Mp.Harikrishnan, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.6479 of 2012 M.P.Harikrishnan .. Petitioner vs.
1. The Secretary to Government State of Tamil Nadu Home (Cinema) Department Fort St. George, Chennai - 600 009.
2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai - 8.
3. The District Collector Tiruvallur, Tiruvallur District.
4. The Executive Officer Minjur Town Panchayat Minjur, Tiruvallur District.
5. K.K.Cinema Theatre rep. by its Proprietor, R.Shyamala Plot No.177, Balaji Nagar Tiruvar Padi, Ponneri Taluk Tiruvallur District.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records relating to the order of the 'C' Form License in R.C.No.26085/2009/M1, dated 31.5.2011 passed by the third respondent, to quash the same as being illegal, arbitrary, unconstitutional and consequently direct respondents 3 and 4 to demolish the fifth respondent's unauthorised cinema theatre at S.No.204/1 and 351/A in Plot Nos.1 and 2, Manikandan Aven ue, Kattur Road, Minjur Village, Ponneri Taluk, Tiruvallur District.
For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader for respondents 1, 3 and 4 Mr.N.Sampath for 2nd respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioner is aggrieved by the grant of the 'C' Form license dated 31.5.2011 by the District Collector/third respondent. It is the case of the petitioner that there is no building plan approved nor any modification of the lay out plan, which has designated the area for residential purposes.
2. Notice has not been served to the fourth respondent despite directions.
3. We are informed that the license is issued on an yearly basis and thus possibly it would have been kept renewed though the relevant period is over.
4. In our view, it is for respondents 3 and 4 to verify whether the construction and the user is as per norms and only in that eventuality, 'C' Form license could have been issued. In this behalf, we take note of the proceedings of the third respondent dated 31.5.2011, in terms thereof the Revenue Divisional Officer was asked to inspect and report whether the encroachments had been demolished and the report was in the affirmative.
5. It is in these circumstances that the 'C' Form license was granted from 31.5.2011 to 25.8.2012. The period of 'C' Form license having been expired and the current position not being known, we are of the view that the petition has become infructuous and is accordingly disposed of. We make it clear that this would not preclude the competent authorities from verifying the current position.
The petition is disposed of accordingly. No costs. Consequently, M.P.Nos.1 to 3 of 2012 are closed. Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar
To:
1. The Secretary to Government State of Tamil Nadu Home (Cinema) Department Fort St. George, Chennai - 600 009.
2. The District Collector Tiruvallur, Tiruvallur District.
3. The Executive Officer Minjur Town Panchayat Minjur, Tiruvallur District.
4. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai - 8.
+1 cc to Mr.N.Sampath,advocate,sr.66600 +1 cc to Mr.M.Gnanasekar,advocate,sr.67161 +1 cc to government Pleader,sr.66720 vd(co) krd 29/11 W.P.No.6479 of 2012