The Licensee, Theatre Krishna, Palanichettipatty v. The Collector of Theni
2002-10-01
P.D.DINAKARAN
body2002
DigiLaw.ai
Judgment :- By a representation dated 6.9.2002, the petitioner has made a request to the respondent to give effect to, the order of suspension of `C' Form licence for 127 days, after adjusting the period of suspension already given effect to, by the petitioner. As no orders were passed on the said representation dated 6.9.2002, the petitioner seeks a writ of Mandamus to direct the respondent to consider and pass appropriate orders on the petitioner's representation dated 6.9.2002. 2. Pending the above writ petition, the petitioner has filed an affidavit of undertaking on 23.9.2002, the relevant portion reads as follows: "I humbly submit that in view of the averments contained in my affidavit filed in support of W.P.No.36163/02 and in view of my representation dated 6.9.2002 and in view of this Hon'ble Court's direction at the hearing dated 20.9.2002, I humbly submit that I am giving the following undertaking. i)I shall keep the theatre closed for a period of 127 days as per the order of this Hon'ble Court made in W.P.No.12735/94, W.P.No.11207/94 and W.P.2020/95 as confirmed in SLP.No.5030/01 and SLP.No.11147/01. ii)Of this period of 127 days, I had already suffered a closure of 8 days earlier. I have closed the theatre on 9.9.2002 as per the order of the licensing authority. I shall now re-open the same on Monday, 7.10.2002 and keep the same open for the Diwali season i.e. till Sunday 5.1.2003. Thereafter, I shall keep the theatre closed from Monday 6.1.2003 till Sunday 6.4.2003. Thus, the aggregate of closure period is 8 + 28 + 91 = 127 days." 3. According to Mr.Srinath Sridevan, learned counsel appearing for the petitioner, the suspension of `C' Form licence, as provided in the affidavit of undertaking, will not, in any way, cause prejudice to the respondent. 4. The above proposal is objected by the learned Special Government Pleader appearing for the respondent. 5. Hence, suffice it to direct the respondent to permit the petitioner to suspend the `C' Form licence, as provided in the affidavit of undertaking, subject to the condition that the petitioner has got a valid licence for the said period and does not violate any term of the licence. With the above direction, the writ petition is disposed of. No costs. Consequently, W.P.M.P.No.54410 of 2002 is closed.