Lakshmanan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3924 of 2019 Lakshmanan ... Petitioner Vs 1.The District Collector, Dindigul District, Dindigul.
2.Mahalakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 13.11.2018 requesting the first respondent to renew the "C" Form License for the petitioner's Theatre namely "Sri Lakshmana Thirai Arangam", Natham, Dindigul District within a time limit fixed by this Court. For Petitioner : Mr.T.K.Gopalan For R1 : Mr.K.Mu.Muthu Additional Government Pleader For R2 : Mr.S.Maheshbabu
ORDER
Heard the learned counsel on either side.
2. This writ petition relates to renewal of "C" Form license for the petition mentioned theatre. It was started by the petitioner's father Thiru.K.N.Lakshmanan. He passed away in the year 1997. The second respondent is also one of the legal heirs of the petitioner's father. The second respondent filed O.S.No.45 of 2005 before the learned Principal District Judge, Dindigul and a preliminary decree recognizing her 1/4th share has been passed. The said preliminary decree has been put to challenge in A.S.No.195 of 2017 and an interim stay of passing of final decree has been granted. Thus, the position that obtains as on date is that the judgment rendered in favour of the second respondent has not been stayed.
3. Therefore, I am of the view that the interest of justice will be served by directing the first respondent to renew the "C" Form license for the petition mentioned theatre by including the name of the second respondent also. It is made clear that the inclusion of the second respondent in the "C" Form license would be subject to the outcome of A.S.No.195 of 2017. The other claims of the second respondent following their inclusion in the "C" Form license will be worked out in the first appeal itself. The first respondent shall issue the renewed "C" Form license to the https://hcservices.ecourts.gov.in/hcservices/
petitioner within a period of four weeks from the date of receipt of a copy of this order.
4. With these directions, the Writ Petition is allowed. No costs.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) Rmk To The District Collector, Dindigul District, Dindigul.
1 CC to M/s.S.MAHESH BABU, Advocate ( SR-60453[F] dated 11/04/2019 ) +1 CC to M/s.PT.S.NARENDRAVASAN, Advocate ( SR-60378[F] dated 11/04/2019 ) +1 CC to M/s.SPL GP ( SR-60717[F] dated 12/04/2019 ) W.P.(MD)No.3924 of 2019 11.04.2019 DS/ /SAR- (15.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/