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2000 DIGILAW 101 (MAD)

Solai Hall Theatre, Dindigul v. Government of T. N. and Others

2000-01-27

V.KANAGARAJ

body2000
Judgment :- The Order of the Court was as follows : The petitioner Cinema Theatre has filed both the above writ petitions praying to issue a writ of certiorari quashing the G.O. Rt. No. 3785 so far as the W.P. No. 19524 of 1992 is concerned and G.O. Rt. No. 3787 so far as the W.P. No. 19525 of 1992 is concerned, both passed by the Home (Cinema-I) Department, dated 4-11-1992 and to pass such further or other orders as this Court deems fit and proper. For the sake of convenience, W.P. No. 19524 of 1992 is hereinafter referred to as the first writ petition and W.P. No. 19525 of 1992 as the second writ petition. 2. So far as the first writ petition is concerned, from the impugned order sought to be quashed, it comes to be known that the Revenue Divisional Officer, Dindigul had inspected the said theatre on three occasions, first time on 27-2-1988, second time on 20-3-1988 and third time on 23-4-1988 and on all the three occasions and on 27-2-1988, when the said Officer inspected the theatre, the following irregularities are noticed : (i) One of the fans not working. (ii) Drinking water tub meant for women placed near the lavatory. (iii) Water not provided in the fire tub meant for fire fighting. On 20-3-1988, the Revenue Divisional Officer, Dindigul noticed the following irregularities : (i) As against the permitted seating capacity of 239 seats in Class IV, 278 persons have been admitted which amounted to over accommodation of 39 persons; (ii) lavatories not cleaned; (iii) drinking water not provided on the gents side; and (iv) exhaust fans not working. On 23-4-1988, the said Officer noticed the following irregularities: (i) exhaust fans not working; (ii) water not filled up in one of the water tanks kept on the right side of the auditorium; (iii) fire extinguishers put up in the enclosure not recharged for several months; and (iv) cinema slides relating to family planning and small savings not exhibited. 3. On 23-4-1988, the said Officer noticed the following irregularities: (i) exhaust fans not working; (ii) water not filled up in one of the water tanks kept on the right side of the auditorium; (iii) fire extinguishers put up in the enclosure not recharged for several months; and (iv) cinema slides relating to family planning and small savings not exhibited. 3. It further comes to be known that for all the above irregularities, the District Collector, Dindigul has suspended the 'C' Form Licence of the petitioner theatre for five days; that on appeal, the Joint Commissioner of Land Administration had reduced the punishment to one day and the Government rejected the revision petition filed by the petitioner theatre thus confirming the order of the appellate authority suspending the 'C' Form Licence of the petitioner theatre for one day and aggrieved by the said order, the petitioner theatre has come forward to file the writ petition seeking to quash the order of the Government stated supra. 4. So far as the second writ petition filed by the same petitioner is concerned, it could be seen from the impugned order that the Tahsildar, Dindigul, when inspected the petitioner theatre, on 7-5-1989, found the following irregularities: (i) admission of 210 persons in Class III over and above the permitted capacity; (ii) the tickets bearing Sl. No. from 45501 to 45710 (totally 210) issued in Class III bear no Entertainment Tax seal; and (iii) above mentioned tickets not brought to the accounts of the Daily Collection Register. For the above irregularities, the Licensing Authority/District Collector passed orders suspending the 'C' Form Licence of the petitioner theatre for 15 days following the procedures established by law and on appeal preferred before the appellate authority, he would take a very lenient view and would reduce the period of suspension of the 'C' Form Licence to two days and on revision, the revision petition was rejected by the Government thus confirming the order of the appellate authority. Thus, having exhausted the statutory remedy, the petitioner has come forward to file the above writ petition on certain grounds as brought forth in the grounds of writ petition. 5. Thus, having exhausted the statutory remedy, the petitioner has come forward to file the above writ petition on certain grounds as brought forth in the grounds of writ petition. 5. Today, when both the above writ petitions were taken up for consideration, the learned counsel appearing for the petitioner in both the above writ petitions would seriously contend that in case the penalty imposed on the petitioner theatre, suspending the 'C' Form Licence for three days as ordered in both the above impugned orders, is implemented and the theatre is closed, irreparable damage would be caused to the reputation of the theatre besides causing monetary loss to the petitioner theatre and inconvenience to the cinema going public and hence would pray for quashing both the impugned orders connected to the above writ petitions. 6. On the contrary, the learned Government Advocate appearing on behalf of the respondents would contend that it is not once but on three occasions, the Revenue Divisional Officer, Dindigul inspected the petitioner theatre and noted various irregularities and so far as the impugned order connected to the second writ petition above is concerned, the local Tahsildar was able to notice further irregularities thus the permit holder has been in the habit of disobeying the licence conditions and the other rules pertaining to the running of the cinema theatre and would pray for dismissing both the writ petitions with costs. 7. A fair assessment of the pleadings, having regard to the materials placed on record and upon hearing the learned counsel for both, would reveal that the 'C' Form Licence holder of the petitioner theatre has been in the habit of not complying with the licence conditions and the other rules pertaining to the maintenance and running of the cinema theatre and many of these irregularities would depict a sad picture of very poor sanitary conditions which are susceptible to affect the health of the general public, who come to witness the cinema in the petitioner theatre. Furthermore, in spite of having been afforded with sufficient and reasonable opportunity to correct the irregularities thus scrupulously following the conditions of licence, the licence holder of the cinema theatre did not seem to have bothered about and repeated irregularities have been noted on all the four occasions of inspection. Furthermore, in spite of having been afforded with sufficient and reasonable opportunity to correct the irregularities thus scrupulously following the conditions of licence, the licence holder of the cinema theatre did not seem to have bothered about and repeated irregularities have been noted on all the four occasions of inspection. Moreover, it further comes to be known that the appellate authority has been very lenient in the infliction of punishment in spite of holding the petitioner theatre guilty of the irregularities noted thus reducing the suspension of the 'C' Form Licence from five days, as it had been ordered by the Licensing Authority and the District Collector, to one day so far as the first writ petition above is concerned and in the case of the second writ petition, the appellate authority had reduced the period of suspension of the 'C' Form Licence from fifteen days, as it had been ordered by the Licensing Authority and the District Collector, to two days. 8. The learned counsel would strenuously argue that there had been no such irregularities committed, but however, the authorities have wrongly decided that the irregularities shown in the impugned order have been actually noted during their inspection. But, absolutely, no motives have been attributed on the part of the petitioner for the inspecting authorities so as to say that they have falsely concluded that they noted the irregularities pointed out and there is no valid or tangible reason assigned either for the Inspecting Authority or for the Licensing Authority and the District Collector to give hostile treatment to the petitioner. In these circumstances, the only conclusion that would be arrived at is that those irregularities have been rightly noted by the Inspecting Authorities and on examination of the same, having come to be satisfied with the report of the Inspecting Authority, the Licensing Authority had rightly inflicted the penalty thereby suspending the 'C' Form Licence of the petitioner theatre for five days and 15 days respectively in the impugned orders of both the above writ petitions and the said penalty having come to be reduced by the appellate authority, thereby ordering the suspension for one day and two days respectively, the Government in both the cases have refused to interfere with the said penalty imposed thereby confirming the orders passed by the appellate authority. 9. 9. So far as this Court of Judicial Review is concerned, absolutely there is no infirmity or inconsistency or patent errors of law or perversity in approach in the passing of the orders impugned connecting to both the writ petitions above and the interference sought for quashing the said impugned order is not founded on any valid or tangible reason and in these circumstances, this Court is left with no option but to arrive at the irresistible conclusion to dismiss both the writ petitions above and accordingly, both the above writ petitions are dismissed. 10. The petitioner is directed to comply with the suspension of 'C' Form Licence for one day in the former and for two days in the latter Government Orders connecting to both the writ petitions above, thus consequently closing the cinema theatre for three days without exhibiting any show and this compliance to be made by the petitioner within 29-2-2000 with prior intimation to the Licensing Authority, who shall monitor the compliance of the suspension of the 'C' Form Licence as seen in the impugned orders connecting to both the above writ petitions. Subject to the above observation for compliance, both the above writ petitions fail and they are dismissed. No costs. Consequently, W.M.P. Nos. 28116 and 28117 of 1992 are also dismissed. Petitions dismissed.