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1968 Supreme(Mad) 122

RAMAKRISHNAN
Royal Arts, Coimbatore, by Managing Partner, G. Manickavel – Appellant
Versus
State of Madras represented by its Secy. , Home Dept. Madras – Respondent


Advocates:
G. Ramaswami, for Petitioner; S. T. Ramalingam for Govt. Pleader, for Respondents.

Judgement

ORDER :- The point raised for decision in this writ petition is a short one. The petitioner is a licensee licensed to run cinema exhibitions in a theatre in Coimbatore. In his cinema theatre he had put up a cycle-stand. This cycle-stand is leased to one Muthuswami. On an average about 1,500 cycles used to be parked per month during the shows. The lessee used to employ three boys on a salary of Rs. 60 each per month for looking after the cycles and he was charging 10 np. per cycle for parking in the cycle-stand, while the affairs stood thus, the first respondent, State Government of Madras, issued an order in G. O. Ms. 2508 Home dated 7-8-1963 amending the rules, under the Madras Cinema (Regulation) Act. By this amended rule, a further condition, No. 16, was added to the previous conditions of the licence in form C granted to the cinema exhibitors :-

"16. The licensee shall provide a suitable cycle-stand for all cycles that may reasonably be expected and appoint a care-taker to look after the cycles. The licensee may collect a fee not exceeding five naya paise for each cycle kept in the cycle stand".

In pursuance of the above amended rule, the petitioner was informed that his


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