The Chief Justice.-The petitioner applied to the District Magistrate, Tirunel-veli, the licensing authority under the Cinematograph Act, to run a touring cinema called “Sri Shanmugananda Touring Talkies” at Mela Ambasamudram village. He had previously obtained the necessary licence under the Places of Public Resort Act, paid the prescribed fee for the licence and he states in his affidavit that he has complied with other rules and conditions under the Cinematograph Act. The District Magistrate passed an order on 4th December, 1950, refusing to grant a iicence to him. It is now common ground that this refusal was because of certain instructions issued by the Government in two orders, dated 5th May, 1950 and 11th November, 1950. In the first of these orders, the Government instructed licensing authorities to restrict the number of touring cinemas in places where there were permanent cinemas in order to prevent unhealthy competition and to ensure public safety. In places where there was only one permanent cinema, the licensing authorities were instructed to use the discretion vested in them to grant or refust licences to touring cinemas. There were detailed instructions as regards the

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