Woodlands Theatres, Rep by its Partner, Chennai v. State of Tamil Nadu, Represented by its Additional Chief Secretary, Chennai
2022-08-12
R.SUBRAMANIAN
body2022
DigiLaw.ai
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorari, to call for the records and quash G.O.Ms.No.891 dated 30.11.2017 on the file of the respondent the Additional Chief Secretary to Government, Home (Cinema Department), Government of Tamil Nadu.) 1. Challenge in the writ petition is to the fixation of parking fee in cinema theatres in various areas situate in Tamil Nadu. 2. Rule 91(B) was introduced to the Tamil Nadu Cinemas Regulation Rules, 1957 empowering the State to fix parking charges for the vehicles that are parked in the cinema theatres in the state. The validity of the Rule was upheld by the Division Bench of this Court in The State of Tamil Nadu rep. by its Secretary to Government Vs. Bhurah Sheriff reported in 2010 (5) CTC 538 . The Division Bench while upholding the Rule, however directed the Government to re-fix the fee after hearing the objections from the theatre owners. It is pursuant to this direction of the Division Bench, the impugned Government Order has been issued fixing the parking charges as follows:- Sl.No. (1) Area (2) Parking Fee (3) Car/Three Wheeler (Motor) (a) Rupees Two Wheeler (Motor)(b) Rupees Cycle (c) 1. Municipal Corporations/ Municipalities Special Grade 20.00 10.00 Nil 2. Municipalities other than Municipalities Special Grade 15.00 7.00 Nil 3. Town Panchayats/ Village Panchayats 5.00 3.00 Nil 3. It is the rationale behind this fixation that is challenged by the petitioner. Even in the representation of the cinema theatre owners sent to the Government on 14.07.2017 it has been pointed out that the parking rates in every other places except cinema theatre is higher. The following examples have been cited by the Federation of Cinema Theatre Owners: Chennai Central Station Rs. 50 per hour (Premium) Chennai Central Station Rs.25/- per hour (Ordinary) Flower Bazaar area Rs.25/- for first two hours T.Nagar Panagal Park Rs.50/- for first two hours Air Port Rs.150 per hour 4. These were the charges levied by the Chennai City Municipal Corporation and the railway Authorities even in the year 2017. On a comparison of the charges that has been levied by the Corporation and the railway Authorities for parking in public places, I find that the fixation of Rs.20/- for a four wheeler for the entire duration of the film and Rs.10/- for two wheeler is very low. 5.
On a comparison of the charges that has been levied by the Corporation and the railway Authorities for parking in public places, I find that the fixation of Rs.20/- for a four wheeler for the entire duration of the film and Rs.10/- for two wheeler is very low. 5. The Division Bench has issued a positive direction to fix reasonable rates after taking into account the views of the stakeholders. The order impugned does not reflect the views of the stakeholders. A specific averment is made in the affidavit filed in support of the writ petition to the effect that the charges are too low when compared to the parking fees levied by the Corporation and other Municipal Authorities even during the year 2017. Even in the counter filed in this writ petition there is no reference to the charges levied by other authorities and the counter is silent about the claim of the petitioner that the other authorities viz., Municipalities and Railways are charging much higher parking fee. The allegation in the affidavit made on a comparative analysis remains un-controverted. 6. Hence, the writ petition is allowed the impugned Government Order is quashed. There will be a direction to the Government to re-fix the parking charges taking in to account the parking charges levied by the Corporation and Municipalities for their facilities. No costs. Consequently, the connected writ miscellaneous petitions are closed.