The judgment established that obtaining permission under one act does not necessarily exempt an individual from obtaining a separate licence under another act if the legal provisions of both acts serve different purposes.

1. The Executive Authority of the Ettumanur Panchayat prosecuted the accused who is the proprietor of the Kailas Picture Palace for failure to take out a licence as provided in S.6 of the Travancore-Cochin Places of Public Resort Act, VIII of 1951, an offence punishable under S.13. It was admitted that no licence was taken and that the cinema was conducted. The defence plea was that having taken out necessary permission under the Kerala Cinemas (Regulation) Act - Act XXXII of 1958 - there is no need for a separate licence under S.3 of the Places of Public Resort Act and that S.6 of Act XXXII of 1958 specifically excludes the operation of the provisions of the Places of Public Resort Act. The learned Magistrate upheld the contention and acquitted the accused. The Panchayat after having obtained special leave has come up in appeal. The appeal has been referred to the Division Bench as the question involved is one of general importance.

2. The question that arises for determination is whether a separate licence under the Places of Public Resort Act is necessary. The Kerala Cinemas (Regulation) Act of 1958 was enacted to provide for the regulation of exhibitions by means of cinematograph. S.6 provides that:

"(1) Any person who intends

(a) to use any place for the exhibition of cinematograph films; or

(b) to use any site for constructing a building thereon for the exhibition of cinematograph films; or

(c) to construct or reconstruct any building for such exhibition; or

(d) to install any machinery in any place where cinematograph exhibitions are proposed to be given, shall make an application in writing to the licensing authority for permission therefor, together with such particulars as may be prescribed, and any provision contained in the enactments specified in the schedule as in force in any part of the State, or in the rules made under any of them, in so far as it relates to any of the matters specified above, shall not apply to any application made under this section."

S.10 provides for penalty for any owner or person in charge of a cinematograph using the same or allowing it to be used and it also provides penalty for any owner or occupier of any place permitting that place to be used in contravention of the provisions of the Act or the rules made thereunder. So for the use of a cinematograph in any place, permission has got to be obtained from the licensing authority under S.6.

3. We might in this connection usefully compare the provisions of Madras Cinemas (Regulation) Act, IX of 1955 which had been followed in the Kerala Act When Act IX of 1955 was originally enacted its provisions regarding the approval of the site were to be applied conjointly with the provisions contained in several other enactments including the Madras Places of Public Resort Act, 1888. In that situation a person desiring to exhibit a film in a theatre had to obtain a licence from the appropriate authority under the Places of Public Resort Act in relation to the places where the films were to be exhibited. This led to delay and more than that inconvenience to the applicants for licence and occasionally want of co-ordination among the several authorities. The legislature remedied the situation by introducing a new section, S.SA in the -Madras Act IX of 1955 by the amending Act, Act XXI of 1956 S.SA runs:

11(1) Any person who intends to install any (d) machinery in any place where cinematograph exhibitions are proposed to be given, shall make an application in writing to the licensing authority for permission therefor, together with such particulars as may be prescribed, and any provision contained in the enactments specified below or in the rules made under any of them in so far as it relates to any of the matters specified above shall not apply to any application made under this section:

(1) The Madras Places of Public Resort Act, 1888: .................................................................................................................