The Tamil Nadu Film v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.02.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.5268 of 2015 The Tamil Nadu Film Exhibitors Association, Teynampet, Chennai-18.

.. Petitioner Vs.

The State of Tamil Nadu, rep. by its Principal Secretary to the Government, Home Department, Fort St. George, Chennai-600 009.

.. Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to revise the rates of admission into cinema theatres as per Rule 83 (1)(d) of the Tamil Nadu Cinema (Regulation) Rules, 1957 in pursuance of the representation of the petitioner dated 19.12.2013. For Petitioner : Mr.Nithyaesh For Respondent : Mr.Dig Vijaya Pandian Additional Government Pleader

O R D E R

The Writ Petitioner has come forward with the aforesaid prayer.

2. The case of the petitioner is that during the year 2009, the entertainment tax was 15% and in the year 2004, it has become 30% and the dearness allowance payable to the workers under the minimum wages act was Rs.549/- for the year 2006-07 and it was increased to Rs.3,465/- for the year 2014-15. Thus, it is seen merely the payment of dearness allowance to works for employment in cinemas has seen a 771% exponential increase from the year 2006-07 till 2014-15, the price of the tickets alone has remained the same. Meanwhile, costs of dearness allowance payable to employees, electricity costs, property tax, entertainment tax etc. are all increasing, however, the admission rate alone was fixed as the same. Though there were numerous representations sent by the petitioner, requesting revision of rates of admission, there was no reply from the respondent.

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3.Learned Additional Government Pleader would submit that there is no acknowledgment for the representation dated 19.12.2013 and there is also revision of rates of admission for Cinema theatres by means of G.O. Ms. No.405 dated 20.05.2009. 4.This Court cannot grant the prayer sought for in the writ petition. However, this Court directs the respondent to consider the case of the petitioner, on the basis of the representation given by the petitioner on 19.12.2013. The petitioner is directed to furnish a copy of this order along with a copy of the representation dated 19.12.2013, filed in the typed set of papers, to the respondent and the respondent is directed to pass orders on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vga To The Principal Secretary The State of Tamil Nadu, to the Government, Home Department, Fort St. George, Chennai-600 009.

1 cc to Mr.Nithyaesh,Advocate, SR.No.10969 1 cc to Government Pleader,Sr.No11289 W.P. No.5268 of 2015 ala(co) pmk.11.3.2015 https://hcservices.ecourts.gov.in/hcservices/