Tmt.Usha v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2015
CORAM:
THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P. No.1416 of 2012 and M.P.Nos.1 and 2 of 2012 Usha
...Petitioner
Versus
1. The Principal Secretary to Government, Home (Cinema) Department, Government of Tamilnadu, Fort St.George, Chennai-600 009.
2. The Appellate Authority/Additional Commissioner (Cinema & Irrigation) Land Administration Department, Chepauk, Chennai-600 005.
3. The District Collector O/o. The Collectorate, Villupuram District, Villupuram-605 602.
4. The Revenue Divisional Officer, Thirukoilur-605757, Villupuram District.
5. R.Radha
6. D.Nedunchezhiyan
7. S.Vanaja
8. M.Sarojini
9. M.Ilango
10. G.Mala
11. Bay @ Varalakshmi
...Respondents
Prayer:
Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the order made in proceedings No.L3/CA9/2010, on the file of Additional Commissioner/Principal Secretary/Additional Commissioner (Cinema & Irrigation) Land Administration Department, Chepauk, Chennai-600 005, the 2nd respondent dated 28.11.2011 in reversing the order made in Na.Ka.No.C2/20646/2009 on the file of the District Collector of Villupuram District in connection to run the Cinema Theatre namely `Dhanalakshmi Theatre' situate at S.No.745/1c to an extent of 1.05 Acre, Pata No.263 along with EB and Water Connection at Santhapettai Post, Thirukoilur Taluk, Villupuram District dated 8.3.2010 and quash the same.
For Petitioner :
Mr.D.Veerasekaran For Respondents :
Mr.R.A.S.Senthilvel (R1 to R4) Government Advocate Mr.V.Sankaranarayanan (R6) Mr.V.Venkatasamy (R7 to R11)
ORDER
Heard the learned counsel appearing for the petitioner, as well as the learned counsels appearing on behalf of the respondents.
2. This Writ Petition had been filed challenging the proceedings of the second respondent, dated 28.12.2011, relating to the `C' Form Licence said to have been issued in favour of the petitioner.
3. It has been stated that the second respondent had reversed the order of the 3rd respondent, the District Collector, Villupuram, permitting the petitioner to run the Cinema Theatre, namely, Dhanalakshmi Theatre, situate at Santhapettai Post, Thirukoilur Taluk, Villupuram District.
4. The learned counsel appearing on behalf of the petitioner had submitted that the third respondent had passed an order to issue the `C' Form Licence to the petitioner, permitting her to run the theatre in question. However, the second respondent had reversed the same by the impugned proceedings, dated 28.12.2011. It has been further stated that the petitioner had filed a revision petition before the first respondent, challenging the order of the second respondent, dated 28.12.2011. The said revision petition had been filed, on 9.1.2012. However, the first respondent had not disposed of the said revision petition, till date.
5. Even though counter affidavits had been filed on behalf of the respondents, denying the claims made by the petitioner in the affidavit filed in support of the Writ Petition, this Court finds it appropriate to direct the first respondent to dispose of the revision petition said to have been filed by the petitioner, on 9.1.2012, on merits and in accordance with law, if it is in order and if the said revision petition had not been disposed of, till date, after giving an opportunity of hearing to the petitioner and the other persons concerned, if any. The Writ Petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar csh To
1. The Principal Secretary to Government, Home (Cinema) Department, Government of Tamilnadu, Fort St.George, Chennai-600 009.
2. The Appellate Authority/Additional Commissioner (Cinema & Irrigation)
Land Administration Department, Chepauk, Chennai-600 005.
3. The District Collector O/o. The Collectorate, Villupuram District, Villupuram-605 602.
4. The Revenue Divisional Officer, Thirukoilur-605757, Villupuram District.
1 CC to Mr.D.Veerasekaran, Advocate SR.No. 54668 1 CC to Mr.R.S. Raveendran, Advocate SR.No. 54780 1 CC to the Government Pleader, SR.No. 54732 +1cc to M/S.V.Venkkatasamy, Advocate sr.55313[17/12/2015] W.P. No.1416 of 2012 AR IV (CO) PSI (23.11.2015)