Decision of licensing authority could be questioned.

These appeals from the judgment of Rajagopala Ayyangar, J., arise out of four writ petitions, which were heard and disposed of by him on 25th November, 1959. They were heard together, because they related to the renewal of licences for conducting cinematograph shows in certain theatres in the City. W.A. No. 151 of 1959 is from the judgment so far as it concerns W.P. No. 1002 of 1959 and relates to the theatre known as Rajkumari Talkies. The other three appeals arising out of W.P. Nos. 969 to 971 of 1959 relate to another theatre called Murugan Talkies. There was another writ petition, W.P. No. 992 of 1959, which was also heard along with the other writ petitions; but there is no appeal before us in that petition.

The two petitioners are lessees of the two aforesaid theatres. The contesting respondents are the owners of the two theatres and the talkie equipment installed in them. Both the Board of Revenue and the Commissioner of Police were made parties to the petition, inasmuch as the relief sought was directed against the orders passed by them. Though the main point which is common to all the appeals, involves an interpretation of rule 13 of the Rules framed under the Madras Cinemas (Regulation) Act, 1955. it is necessary to state the facts relating to each of the theatres separately. We first take up W.P. No. 1002 of 1959, out of which W.A. No. 151 of 1959 arises. The petitioner who is the appellant before us one Om Prakash Gupta took on lease the theatre with the furniture and equipment from T. R. Rajkumari, first for a term which ceased on 21st September, 1955. Thereafter, there was a further lease for a term of three years from 22nd September, 1955, with the option on the part of the lessee to obtain a renewal for a further period of one year. That option was exercised, and the lease eventually came to an end on 21st September, 1959. During the currency of the lease, the appellant applied for and obtained from the Commissioner of Police licences to exhibit cinematographic films in the theatre under Madras Cinemas (Regulation) Act, 1955, from 1955 onwards. The last of such licences expired on 31st October, 1959. Even before this date, the owner of the theatre appears to have informed the Commissioner of Police that the period of lease would terminate on 21st September, 1959 and that she was unwilling to permit the lessee to continue in possession thereafter. On 8th September, 1959, the Commissioner of Police sent a Memorandum to the lessee in the following terms.

" As the lease period for which you executed an agreement expires on 22nd September, 1959, the cinema licence pertaining to Rajkumari Talkies, Madras-17, will not be renewed from 22nd September, 1959, in your name, unless you produce a letter of consent obtained from the owner of the above theatre."

On 30th September, 1959, the Commissioner of Police addressed the following communication:

" Under rule 13 of the Madras Cinemas (Regulation) Rules, 1957, the licensee of a cinema theatre shall produce documentary evidence to the satisfaction of the Licensing Authority to show that he is in lawful possession of the site, building and equipment with the consent of the theatre owner.

" The lease deed submitted by Smt. T. R. Rajkumari, owner of the theatre, shows that the period of lease between you and her in respect of the above theatre expired on 22nd September, 1959. She has represented that she has not renewed the lease in your favour from 22nd September, 1959, and that, as such, you are not entitled to be in possession of the theatre.

" In the circumstances, it is proposed to revoke the validity of the Cinema Licence immediately for non-compliance with the provisions of rule 13. Please submit you representation, if any, within three days of receipt of this memo, failing which it will be construed that you have no representation to make, and orders will be passed ex parte ".

The lessee protested, submitting firstly that the Commissioner had no power to rev