1991 427 MLJ 1
P. Mariappan
Versus
The State Of Tamil Nadu And Anr.
Decided On : 6/11/1990
W. A.No. 813 of 1990
CINEMAS REGULATION ACT - REVISION POWERS - SCOPE - REAPPRAISAL OF FACTUAL MATERIALS - PERMISSIBLE - LOCUS STANDI - NOT DECIDED.
Fact of the Case:
The petitioner and the second respondent were two applicants for the grant of a no-objection certificate for locating permanent theatres in Sivagurunathapuram village, Tenkasi Taluk, Tirunelveli District. The petitioner was one of the two applicants for the grant of a no-objection certificate for locating a permanent theatre. The second-respondent was another applicant for the grant of a no-objection certificate for locating a permanent theatre. The petitioner objected to the grant of a no-objection certificate for locating a permanent theatre to the second-respondent. The Collector deemed fit to grant the licence in favour of the petitioner; and on 29.9.1986 the application of the second-respondent was rejected by the Collector. The second-respondent preferred an appeal as against the order of the Collector and on 26.8.1987 the appellate authority dismissed the appeal of the second-respondent. The second-respondent went by way of revision before the first-respondent and the first respondent by the order impugned in the writ petition allowed the revision preferred by the second-respondent and directed the grant of a no-objection certificate to the second-respondent. The petitioner impugned the order passed by the first-respondent by filing the writ petition.
Finding of the Court:
1. The revisional powers conferred on the first-respondent under Section 9-B of the Tamil Nadu Cinemas (Regulation) Act, 1955 (hereinafter referred to as the Act) enable him to reappraise the factual findings rendered by the two authorities below. 2. The scope of the revisional powers conferred on the first-respondent has to be gleaned from Section 9-B of the Act and a proper construction of that provision does not enable the first respondent to do a reappraisal of the factual findings rendered by the two authorities below; which, in fact, has been indulged in by the first respondent in the instant case.
Issues: 1. Whether the revisional powers conferred on the first-respondent under Section 9-B of the Act enable him to reappraise the factual findings rendered by the two authorities below? 2. Whether the petitioner has the locus standi to maintain the writ petition?
Ratio Decidendi: 1. The language employed in Section 9-B of the Act is explicit as to take in a power to reappraise the factual materials for the revisional authority. 2. The object, purpose and scope of the Act indicate that the revisional authority has to satisfy itself as to the correctness or propriety of the proceedings, decision or order. This would require the revisional authority to examine all the relevant questions, subject matter of consideration by the lower authorities, with the same amplitude of jurisdiction as they possess. 3. The revisional authority is empowered to modify, annul, reverse, or remit for reconsideration the proceeding, decision or order. The exercise of such revisional powers will become illusory, if we should say that there is an embargo for the revisional authority to do reappraisal of the factual materials.
Final Decision: The writ appeal is dismissed.
1. This writ appeal is directed against the order of the learned single Judge in W.P. No. 11270 of 1987. The petitioner in the writ petition is the appellant herein; and the respondents in the writ petition are the respondent herein. For the sake of convenience, we are referring to the parties as per their nomenclature in the writ petition. There were two applicants for the grant of no-objection certificate for locating permanent theatres in Sivagurunathapuram village, Tenkasi Taluk, Tirunelveli District. The petitioner was one of the two applicants for the grant of no-objection certificate for locating a permanent theatre. The second-respondent was another applicant for the grant of a no-objection certificate for locating a permanent theatre. The petitioner objected to the grant of no-objection certificate for locating a permanent theatre to the second-respondent. The Collector deemed fit to grant the licence in favour of the petitioner; and on 29.9.1986 the application of the second-respondent was rejected by the Collector. The second-respondent preferred an appeal as against the order of the Collector and on 26.8.1987 the appellate authority dismissed the appeal of the second-respondent. The second-respondent went by way of revision before the first-respondent and the first respondent by the order impugned in the writ petition allowed the revision preferred by the second-respondent and directed the grant of a no-objection certificate to the second-respondent. The petitioner impugned the order passed by the first-respondent by filing the writ petition. Before the learned single Judge, who heard the writ petition, the petitioner contended that the powers of revision conferred on the first-respondent do not enable him to re-appraise the factual findings rendered by the first authority and confirmed by the appellate authority. The second-respondent would also advance a contention that the petitioner lacked the very locus standi to maintain the writ petition. The learned single Judge, after adverting to the pronouncement in G. Alagiri v. Collector, Thanjavur , rendered by one of us (Nainar Sundaram, J.), held that the revisional powers are not so restricted as thought of by the petitioner and they enable the first-respondent to pass the order impugned in the writ petition. The learned single Judge countenanced the contention put forth by the second-respondent that the petitioner lacked locus standi to maintain the writ petition. In doing so, the learned single Judge has opined that the decision of the Full Bench of this Court concisely reported in M.L. Krishnamurthy v. The District Revenue Officer, Vellore, N.A. District, 1989 T.L.N.J. 200, would apply. The result is, the learned single Judge dismissed the writ petition. As already noted, this writ appeal is directed against the order of the learned single Judge.
2. Mr. M.R. Narayanaswami, learned Counsel for the petitioner, would first submit that the scope of the powers of revision conferred on the first-respondent has to be gleaned from Section 9-B of the Tamil Nadu Cinemas (Regulation) Act IX of 1955, hereinafter referred to as the Act and a proper construction of that provision does not enable the first respondent to do a reappraisal of the factual findings rendered by the two authorities below; which, in fact, has been indulged in by the first respondent in the instant case.
3. As against this, Mr. G. Subramaniam, learned Counsel for the second-respondent, would advance the submission that the revisional powers conferred on the first-respondent has to be understood only in the context of the object, purpose and scope of the Act and if so understood it is not possible to impose a limitation on the first respondent with regard to the reappraisal of the factual materials and even otherwise the language employed in Section 9-B of the Act is explicit as to take in a power to reappraise the factual materials for the revisional authority.
4. Before we proceed to examine this qu
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