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Madras High CourtWP(MD)/2771/2022disposed of

Kasipandian .R v. The District Collector

2022-02-10Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE R.Kasipandian ... Petitioner Vs.

1.The District Collector, District Collectorate, Kokkirakulam Road, Tirunelveli - 627 009.

2.The Revenue Divisional Officer, District Collectorate, Kokkirakulam Road, Tirunelveli - 627 009.

3.The District Fire Officer, Tirunelveli District, Tirunelveli.

4.The Tahsildar, Tirunelveli Taluk, Tirunelveli.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent herein to renew 'C' form licence as per Rule 92 of the Tamil Nadu Cinemas (Regulation) Rules, 1957 to the petitioner's cinema theatre namely 'Ram Theatre', situated at 9A/2, Madurai Road, Tirunelveli Junction, Tirunelveli based on the petitioner's renewal application dated 03.01.2022. For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mrs.S.Jeyapriya, Government Advocate.

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ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to renew the 'C' form licence of the petitioner as per Rule 92 of the Tamil Nadu Cinemas (Regulation) Rules, 1957 based on the petitioner's renewal application dated 03.01.2022.

2. According to the petitioner, he is running a cinema theatre namely Ram Theatre, which is situated at 9A/2, Madurai Road, Tirunelveli Junction, Tirunelveli. In accordance with the Tamil Nadu Cinemas (Regulation) Rules, 1957, the renewal application for renewing the licence will have to be submitted one (1) month in advance. According to the petitioner, he has submitted the renewal application on 03.01.2022 seeking for renewal of the licence, which expires on 11.02.2022, within the prescribed period. According to him, the renewal application has not been considered till date and in such circumstances, he has filed this Writ Petition.

3. Heard Mr.D.Srinivasaragavan, learned counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate who accepts notice on behalf of the respondents.

4. The petitioner has filed documents along with the Writ Petition. As seen from the said documents, he has submitted the renewal application on 03.01.2022. The existing licence standing in the name of the petitioner in respect of the theatre expires on 11.02.2022. Having filed the renewal application on 03.01.2022, i.e.,one (1) month in advance to the expiry date, that is on 11.02.2022, the respondents ought to have considered the said renewal application on merits and in accordance with law. But, having not done so, the petitioner's interest must be protected at least till the date of passing final orders on the petitioner's renewal application dated 03.01.2022. Therefore, the licence granted in favour of the petitioner for running the theatre, which expires on 11.02.2022, will have to be extended by this court till the first respondent passes final orders on the renewal application submitted by the petitioner on 03.01.2022 seeking for renewal of his theatre licence under the Tamil Nadu Cinemas (Regulation) Rules, 1957.

5. For the foregoing reasons, the first respondent is directed to consider the petitioner's renewal application dated 03.01.2022 seeking for renewal of 'C' form licence for his theatre, namely, Ram Theatre situated at 9A/2, Madurai Road, Tirunelveli Junction, Tirunelveli and pass final orders on merits and in accordance with law within a period of two (2) months from the date of receipt of a copy of this order and till final orders are passed, this Court extends the licence granted to the petitioner for running the cinema theatre, namely, Ram Theatre situated at 9A/2, Madurai Road, Tirunelveli Junction, Tirunelveli, which was granted to the petitioner under the proceedings of the first respondent dated 16.02.2021.

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6. With the aforesaid directions, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS I) // True Copy // 11/07/2022 Sub Assistant Registrar(CS) Lm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, District Collectorate, Kokkirakulam Road, Tirunelveli - 627 009.

2.The Revenue Divisional Officer, District Collectorate, Kokkirakulam Road, Tirunelveli - 627 009.

3.The District Fire Officer, Tirunelveli District, Tirunelveli.

4.The Tahsildar, Tirunelveli Taluk, Tirunelveli.

+1 CC to M/s.D.SRINIVASARAGAVAN, Advocate ( SR-5478[F] dated 10/02/2022 ) +1 CC to M/s.SPL.GP ( SR-5689[F] dated 11/02/2022 ) 10.02.2022 MGJ(11.02.2022) 3P 7C 3/3