Authorities directed to consider on merits issue regarding renewal of licence.

W.M.P. No. 8669 of 1997 is for an interim direction directing the second respondent to issue a temporary licence to the petitioner to hold the cultural dances at the petitioner's Pals restaurant at Premises No. 42, Anna Salai, Chennai-600002, pending disposal of the writ petition

2. The prayer in the writ petition is to call for the records of the second respondent ending with his order bearing Rc. No. E3(1)/1284/177617/96, dated 27-3-1997 and direct the respondents to renew the licence for holding the Indian cultural dances at No. 42, Anna Salai, Chennai-600 002. On the basis of the application dated 9-12-1996, for the period from 1-1-1997 to 31-12-1997

3. When the Writ Miscellaneous petition was taken up, the learned senior counsel appearing for the petitioner submitted that the arguments to be advanced in the Writ Miscellaneous Petition will hold good for the writ petition as well and the prayer in both of them are almost similar and requested that the Writ Miscellaneous Petition as well as the writ Petition may be taken up together. The learned Additional Government Pleader had no objection for the same and he has further stated that since a detailed counter has already been filed in the Writ Petition itself, the main case may be taken up for disposal. Accordingly, I heard both the counsel in the Writ Petition

4. The petitioner has averred in his writ petition that he is the proprietor of the restaurant namely, Pals Restaurant at premises No. 42, Anna Salai. Chennai-600 002. He has been running the said restaurant from the year 1961. He was granted licence by the second respondent from the year 1969, for conducting cabaret dances. Subsequently, he was permitted to conduct the Indian Cultural dances and the last licence issued by the second respondent was valid for the period from 1-1-1996 to 31-12-1996. While so, on 1-1-1997 a Sub-Inspector of Police from D. 1 Police Station came to the restaurant and requested to stop conducting the Indian Cultural dances forthwith. There was no written order. The petitioner stated that he had applied for renewal of the licence on 9-12-1996 for the period from 1-1-1997 to 31-12-1997 with the enclosures and paid Rs. 75/- being the licence fee. He has made the renewal application in the Month of December as usual, hoping to get the licence in the month of February of the following year. This has been the practice. On 2-1-1997, the petitioner wrote to the second respondent stating that the reasons for stopping the dance has not been disclosed to him. He also pointed out that the application for renewal was pending. Hence, he must be permitted to continue the dance performance. According to him, he was incurring great hardship and heavy financial loss by stopping the dance performance. There was no response, hence he filed W.P. No. 480 of 1997 for Mandamus to direct the second respondent to issue the licence as per application dated 9-12-1996. When the said writ petition was pending, the second respondent issued a show cause notice dated 8-1-1997. Thereafter, a learned single Judge of this Court passed orders in the writ petition directing the petitioner to reply to the show cause notice and the same should be considered by the second respondent. Opportunity was also given to the petitioner to challenge the order if it was against him

5. In the show cause notice, it was stated that since obscene dances were conducted as per the complaint of one Sashidaran dated 30-11-1996 and a subsequent raid by the police officials resulting in a criminal case in Crime No. 1738 of 1996 under Section 294(A) of Indian Penal Code, the renewal of the licence would be refused. The petitioner sent a reply on 18-1-1997. After about 45 days, by the letter dated 27-3-1997, the licence was refused. Before passing the said order, when the petitioner requested the second respondent for production of Sashidaran and the Police Officer who conducted the raid, for cross-examination and some other documents, the req