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1981 Supreme(Ker) 93

G.BALAGANGADHARAN NAIR
JACOB – Appellant
Versus
EXECUTIVE OFFICER, MULAMHURUTHY PANCHAYAT – Respondent


Judgment :-

1. Petitioner who is running a cinema by name "Majestic Talkies" at Mulanthuruthy challenges the order Ext. P1 dated January 6, 1981 passed by the 1st respondent, the Executive Officer, Mulanthuruthy Panchayat refusing to allow his application for renewal of the licence to run the cinema.

2. 2nd respondent is the owner of survey No. 346/2, Mulanthuruthy Village. In 1971 he granted a licence to the petitioner to erect a theatre and run a cinema in 10 cents of land in this survey number The petitioner constructed a theatre and according to him. he had also to level the land for that purpose-and installed the necessary machinery and obtained the requisite licence from respondent 1 who is the licensing authority under the Cinemas (Regulation) Act. He has been running the cinema from 16-12-1972. While the petitioner contends that the licence of the land in his favour was without any time limit, respondent 2 alleges: that it was for a period of 5 years which expired on 1-12-1977. However that be. the petitioner used to obtain annual licences from respondent not only till 1-12-1977 but rill 1980 without any objection from respondent 2. When he applied on January 5. 1981 for a l













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