ORDER :

1. The petitioner is the proprietor of a permanent theatre called Vel Talkies for cinematograph exhibitions, situate at Uthukottai, Trivellore taluk, State of Madras. This theatre was licensed to operate from 15th March, 1959. Before that, in the years 1957 and 1958 the petitioner was running a touring cinema and it was in the year 1959 that he constructed the permanent theatre in Uthukottai. At that time, the adjoining village of Desikuppam (Dasukuppam) also was in the Madras State. But, by the Andhra Pradesh and Madras (Alteration of Boundaries) Act (Act LVI of 1959) the village of Desikuppam became part of the State of Andhra Pradesh.

2. On 1st March, 1962, one Munirathnam, the proprietor of a touring cinema called Raja Talkies, applied to the District Magistrate, Chittoor, for licence to run a touring cinema in Survey Nos. 21/5, 21/6-A and 21/6-B in Desikuppam village. This locality appears to be at a distance of about three furlongs from the permanent cinema belonging to the petitioner and situated in the adjoining village of Uthukottai. On 1st March, 1952, the petitioner submitted objections to the Secretary to Government of Andhra Pradesh, Home Department, Hyderabad,