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Madras High CourtWP/6669/2015disposed of

S.Murugan v. The District Collector

2015-09-25Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2015

CORAM

THE HON'BLE MR.JUSTICE N.KIRUBAKARAN Writ petition No.6669 of 2015 and M.P.No.1 of 2015 S.Murugan

...Petitioner

Vs.

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The District Revenue Officer, Krishnagiri Taluk, Krishnagiri.

3. The Thashildar Krishnagiri, Krishnagiri District.

...Respondents

Prayer: This writ petition has been filed under Article 226 of the Constitution of India for issuance of writ of Mandamus directing the respondents herein to deseal the theatre premises and consequently, direct the District Collector, Krishnagiri District, Krishnagiri, the first respondent to renew the Form C License of the petitioner within a time frame as may be fixed by this Hon'ble Court. For Petitioner :

Mr.A.V.Arun For Respondents :

Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

This writ petition has been filed for issuance of writ of a Mandamus directing the respondents to deseal the theatre premises and consequently, direct the District Collector, Krishnagiri District, Krishnagiri, the first respondent to renew the Form C License of the

petitioner.

2. The license was originally granted in the name of the petitioner's father, M.Subramanian in the year 1986 and after his death, the license was transferred to the petitioner by the first respondent's order dated 06.03.1989. The C form License for the theatre was to expire on 31.03.2013. Therefore, the petitioner applied for renewal of C Form License on 18.02.2013. However, without passing any order, the respondent has been issuing only E form license and subsequently, alleging that the petitioner has been using the Cinema Theatre as Kalyana Mandapam, and without any license, he was running Cinema Theatre as a Kalyana Mandapam, the theatre was also sealed on 27.02.2015. Therefore, the petitioner has come before this Court after giving representation dated 06.03.2015 seeking permission to open the theatre by removing the seal. So far, the said representation has not been disposed.

3. Heard Mr.A.V.Arun, learned counsel appearing for the petitioner and Special Government Pleader appearing for the respondents.

4. Admittedly, the petitioner has applied for renewal of C Form license as early as on 18.02.2013 and so far, no action has been taken on the application of the petitioner. Moreover, based on the inspection, it seems the Collector, second respondent herein sealed the theatre and the petitioner has given a representation dated 06.03.2015.

5. Taking into consideration, the petitioner has been running a theatre for so many years and it is appropriate to direct the first respondent to pass orders on the petitioner's representation dated 06.03.2015 as well as the petitioner's application for renewal C Form license on 18.02.2013 within a period of six weeks from the date of receipt of a copy of this order.

With the above said direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar

sms To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The District Revenue Officer, Krishnagiri Taluk, Krishnagiri.

3. The Thashildar Krishnagiri, Krishnagiri District.

1 CC to Mr.A.V.Arun, Advocate SR.No. 52392 1 CC to the Government Pleader, SR.No. 52447 Writ petition No.6669 of 2015 and M.P.No.1 of 2015 EV (CO) PSI (30.09.2015)