G.Devarajan v. The Cheif Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2016

CORAM

THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN W.P. No. 24986 of 2016 & W.M.P. No. 21345 of 2016 G. Devarajan ..Petitioner Vs.

1.

The Chief Secretary, The Govt. Of Tamil Nadu, Fort St. George, Chennai - 600 009.

The Police Commissioner, New Police Commissioner Office, Chennai - 600 007.

Head of The All District Collector, Commissionerate of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

Commissionerate of Land Administration, Commissioner of Commercial 6.

Thiru S. Thanu ..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus, based on the petitioner's complaint, to direct respondents 1 to 5 herein to take action against the Cinema Theatre Owners in Tamil Nadu and against the producer Kalaipuli S. Thanu who collected as well as going to collect excessive ticket charges through showing new movies such as 'KABALI' etc. to

stop such cheating practice of Cinema Theatre owners and producers by collecting more than the Government fixed movie ticket charges and excess ticket costs.

For Petitioner ::

Mr.G. Devarajan Party-in-person For Respondents:

Mr.V. Jayaprakash Narayanan, Special Govt. Pleader

O R D E R

Alleging certain violations, in the selling of cinema tickets, especially, in respect of the movie, 'KABALI' , the petitioner has come before this Court, after giving a representation to respondents 1 to 5 on 15.07.2016.

Heard Mr.G.Devarajan, party in person, at length. He argued the matter giving certain details as well as the particulars of cases that he has filed. The petitioner alleges that contrary to Rules and Regulations, movie tickets are sold at higher rates; the number of shows run are more and by such violations, unjust enrichment is made by a few individuals and therefore, he has given a representation to respondents 1 to 5, highlighting the above aspects, on 15.07.2016, to take action to prevent such violations and thereafter, has approached this Court with the present writ petition.

Heard Mr.V. Jayaprakash Narayanan, learned Special Government Pleader for respondents 1 to 5.

The prayer sought by the petitioner reads as follows: "For issue of a Writ of Mandamus, based on the petitioner's complaint, to direct respondents 1 to 5 herein to take action against the Cinema Theatre Owners in Tamil Nadu and against the producer Kalaipuli S. Thanu who collected as well as going to collect excessive ticket charges through showing new movies such as 'KABALI' etc. to stop such cheating practice of Cinema Theatre owners and producers by collecting more than the Government fixed movie ticket charges and excess ticket costs." Though the petitioner has alleged certain violations, it seems that the petitioner approaches the Court only when the films of leading heroes are released and this Court is unable to understand the reasons behind that.

Moreover, the petitioner has given a representation only on 15.07.2016 and it is not known whether the same had reached the hands of respondents 1 to 5 or not. Though the representation is dated 15.07.2016, it was actually posted on 16.07.2016 at 20.30p.m. and filed this writ petition immediately on 17.07.2016 even before expiry of 24 hours from

the posting of the representation. It only speaks volumes about the conduct of the petitioner. It is nothing but abuse of process of law. 6.

Without even giving sufficient time, the petitioner has approached this Court seeking a Mandamus, besides seeking an interim relief of injunction restraining the 6th respondent, who is a private party, from releasing the above said film. Sufficient time should have been given to respondents 1 to 5 for receipt of the representation made by the petitioner and for taking a decision in the matter. Hence, the writ petition is dismissed. No costs. However, it is open to the petitioner to approach this Court after ascertaining whether the representation made by him had reached respondents 1 to 5 or not and giving reasonable time to take a decision. Connected W.M.P. is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.

The Chief Secretary, The Govt. Of Tamil Nadu, Fort St. George, Chennai - 600 009.

The Police Commissioner, New Police Commissioner Office, Chennai - 600 007.

Head of The All District Collector, Commissionerate of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

Commissionerate of Land Administration,

Commissioner of Commercial +1 cc to Govt.Pleader,sr.40842.

rj(co) krd 11/8 W.P. No. 24986 of 2016