High Court of KeralaWP(C)/27733/2015disposed of

Vijayan Unnithan v. Adoor Municipality

2015-09-15Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 WP(C).No. 27733 of 2015 (N) -------------------------------------- PETITIONERS:

-------------------------- 1.

VIJAYAN UNNITHAN AZHAKATHU, BUNGLAW, MANAKKALA P.O.

ADOOR, PATHANAMTHITTA DISTRICT 2.

P. KARTHIKEYAN KACHIYIL PUTHEN VEEDU PEROOR KARAYMA CHARUMOODU P.O., PATHANAMTHITTA DISTRICT BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR RESPONDENTS:

---------------------------- 1.

ADOOR MUNICIPALITY REPRESENTED BY ITS SECRETARY MUNICIPAL OFFICE, ADOOR PATHANAMTHITTA DISTRICT PIN - 691 523 2.

THE SECRETARY ADOOR MUNICIPALITY MUNICIPAL OFFICE, ADOOR PATHANAMTHITTA DISTRICT PIN - 691 523 R1 & R2 BY ADV. SRI.V.M.SYAM KUMAR, SC, ADOOR MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27733 of 2015 (N) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 24.02.2009 P2 :

COPY OF THE JUDGMENT DATED 5.7.2011 IN W.P.(C). NO. 17132/2011 P3 :

COPY OF THE REPRESENTATION FILED BY THE FIRST PETITIONER BEFORE THE 2ND RESPONDENT 3.6.2015 P4 :

COPY OF THE ORDER GIVEN BY THE 2ND RESPONDENT TO THE FIRST PETITIONER DATED 5.8.2015 P5 :

COPY OF THE KERALA CINEMAS (REGULATION) ACT 1958 P6:

COPY OF THE JUDGMENT DATED 17.07.1996 IN O.P. NO. 7190/1996 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 27733 OF 2015 ---------------------------------------- Dated this the 15th day of September, 2015

JUDGMENT

Heard the counsel for the petitioners and the Standing Counsel Sri. Syamkumar for the respondent Municipality. 2.

All that the Municipality has a right is to fix the entertainment tax on the rate of admission finalised by the theatre owners. The formation of a Sub Committee to decide even the rate of admission to the theatres in question was wholly unwarranted.

The petitioners are permitted to fix the rate of admission to the theatres and inform the Municipality about the same forthwith. It is upto the respondent Municipality to assess and collect the entertainment tax dependent on the rate of admission.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE